“Marriage is a contract underlying a permanent relationship based on mutual consent on the part of a man and woman,” says Ashabah

Introduction

A Muslim man can marry and retain four wives or spouses simultaneously under Muslim personal law. Under Muslim personal law, such a marriage is legitimate and legal. While a male Muslim can have four wives simultaneously, the reverse is untrue for females. A Muslim woman cannot marry more than one man.

Definition Of Marriage

Marriage (nikah) is defined to be a contract which has for its object the procreation and the legalisation of children.

Marriage according to the Mahomedan law is not a sacrament but a civil contract. All rights and obligations it creates arise immediately and, are not dependent on any condition precedent such as the payment of dower by the husband to a wife

Classification of Marriage

 Sunni Muslims and Shia Muslims are two groups of Muslims that are separated by their views and customs all over the world. Muslim law is derived from several codified and uncodified sources, including the Quran, Ijma, Qiyas, customs, urf, precedents, equity, and various laws. Hanifa, Hambali, Maliki, and Shafai are the four main Sunni schools of thought. These four schools acknowledge each other's legitimacy and have engaged in legal discourse for decades.

In India, the Hanifa school of Islamic law is the most common. “And Allah created you from dust, then from a sperm-drop, then from pairs; and no female can conceive or give birth unless she has Allah's knowledge; no one can be granted a long age, (i.e., bear the burden of) nor is anyone's age diminished unless it is written in a Book. That must be simple for Allah.”

 The classification of marriages under Muslim laws are

1. Sahih Nikah (Valid Marriage)

 2. Batil Nikah (Void Marriage)

3. Fasid Nikah (Irregular Marriage)

Capacity to Marriage

·      Every Mahomedan of sound mind, who has attained puberty may enter into the contract of marriage.

·      Their respective guardians may validly contract lunatics and minors who have not attained puberty in marriage. (Sec 270-275)

·      A marriage of a Mahomedan, who is of sound mind and has attained puberty, is void if it is brought about without his consent.

Muta Marriage

The meaning of ‘Muta’ is enjoyment. Muta Marriage is a marriage for a fixed period that is only for sexual pleasure. Muta marriage is recognized in Shia only. Sunni law doesn’t recognize it. A Shia of the male sex may contract a Muta marriage with a woman professing the Mahomedan, Christian or Jewish religion, or even with a woman who is a fire worshipper but not with any woman following any other religion. But a Shia woman cannot contract a Muta marriage with a non-muslim.

Divorce Under Muslim Law

A firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of the marriage contract should be avoided. Initially, no marriage is contracted to be dissolved but in unfortunate circumstances, the matrimonial contract is broken.

Effect of Marriage (Sahih)

The lawful obligations which arise after marriage are as follows-

(i) Mutual intercourse is legalized and the children so born are legitimate.

(ii) The wife gets the power to get ‘Mahr’

(iii) The wife entitles to get maintenance.

(iv) The husband gets the right to guide and prohibit the wife’s movement(for valid reasons only)

(v) Right of succession develops.

(vi) Prohibition of marriage due to affinity.

(vii) Women are bound to complete the Iddat period & not to marry during the Iddat period; after the divorce or death of the husband.

The obligations and rights set between the two parties during and after the marriage are to be enforced till legality. Based on a marriage husband and wife do not get the right to one another’s property

Registration of Marriage

Marriage registration is required in Muslims since a Muslim marriage is considered a civil contract. “Every marriage contracted between Muslims after the commencement of this Act shall be registered as hereinafter given, within thirty days from the end of the Nikah Ceremony,” according to Section 3 of the Muslim Marriages Registration Act 1981. Nikahnama is a form of legal document used in Muslim marriages that contains the marriage's basic conditions and information.

Dissolution of Muslim Marriage

A husband can divorce his wife without providing a reason for repudiating the union. It is sufficient for him to say those terms that indicate his intention to divorce his wife. This is usually achieved by talaq. He can, however, divorce by Ila and Zihar, which vary only in appearance and not in substance from talaq. A woman can not leave her husband on her own. She can only divorce her husband if he has delegated his right to her or if they have reached an agreement. The wife may divorce her husband by Khula or Mubarat if they have reached an agreement.

Before 1939, a Muslim wife had no right to divorce unless the husband was falsely accused of adultery, insanity, or impotency. However, the Dissolution of Muslim Marriages Act of 1939 establishes several other grounds on which a Muslim wife may have her divorce decree granted by a court order.

Conclusion

Based on Juristic opinion, we can easily conclude, that marriage is simply a civil contract under Muslim Law. It fulfils all the conditions of a contract proposal and acceptance, free consent and consideration.

But from a religious angle, Muslim marriage is a devotional act. Marriage is not devoid of all religious and spiritual values. Along with its secular aspect, it also partakes in the elements of a sacred union of two souls means for spiritual ends.

In the Quran and Hadith, spouses are strictly enjoined to love and honour each other. Enjoyment and showering love and affection by each one has been called a noble act. Marriage under Islam is a sacrament keeping the view of Quranic injunction and traditions.

In the ultimate analysis, it can be said that marriage in Islam is neither purely a civil contract nor a sacrament.