Essential conditions of a lawful marriage
1. Introduction:
Marriage of Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. under Islamic law, a contract of marriage, need not be proved through a written document.
2. Meaning of marriage:
Marriage means wedlock, the mutual relation of the husband and wife. it is a contract for the legalization of intercourse and procreation of children.
3. Definition of marriage:
Hedeya:
Marriage is defined to be a contract that has for its object the procreation and legalization of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and so that human beings may guard themselves from foulness and unchastity.
4. Objects of marriage:
Following are objects of a marriage.
- Legalization of sexual intercourse.
- Procreation of children.
- Preservation of the human race.
- Regulation of social life.
5. Nature:
Muhammedan marriage is purely contractual. it is considered a religious duty. it is an act of Ibadat which is called Sunnat-Muwa-Kkidah.
Hazrat Muhammad (P.B.U.H) says:
If a person is in a position to maintain his wife and pay the amount of dower, he must get himself married.
6. Capacity for marriage:
Every Muslim of sound mind, who has attained puberty may enter into a contract of marriage.
Lunatics and minors who have not attained puberty may be validity contracted in marriage by their respective guardians.
A marriage of a Muslim who is of sound mind and has attained puberty is void, if the is brought about without his consent.
7. Essentials of marriage:
Following are the essentials of a marriage.
I. Offer
There must be an offer by one party. it is also called Ijab.
II. Acceptance
The offer so made should be accepted by or on behalf of the other party. it is called Qubul.
III. Offer and acceptance must be in the same meeting:
The offer and acceptance must both be made at the same meeting. an offer made at another meeting does not constitute a valid marriage.
IV. Freedom:
The parties contracting marriage should be free persons. marriage with a slave girl is permitted.
V. Consideration:
There must be some consideration in marriage which is dower. the parties are bound to fix the amount of dower at the time of marriage. a marriage without a dower is void.
VI. Majority:
The parties contracting marriage should be major. the majority act does not apply to marriage, divorce, or maintenance cases. majority means the age of puberty.
VII. Persons of the opposite sex:
Marriage is a contract between two persons of opposite sex. there is no concept of marriage of same-sex in Islamic personal law.
VIII. Witnesses
(a) In the case of Suni marriage:
Either two male or one male and two female witnesses.
(b) In the case of Shia marriage:
- No witnesses are necessary.
- Qualification of witnesses:
- The witness should be
- Adult
- Sane
IX. Free consent:
Marriage is only valid under free consent. no person can be compelled by the guardian to marry.
8. Legal effects of a valid marriage:
Following are the legal effects of a valid marriage.
- Lawful sexual intercourse:
- Sexual intercourse becomes lawful.
Legitimate Issues:
Issues born out are legitimate.
Entitlement of dower:
The wife becomes entitled to dower
Entitlement of maintenance:
The wife becomes entitled to maintenance.
Movement restraint:
The husband can reasonably restrain the movements of a wife.
Iddat:
The wife has to go under the period of Iddat in case of.
death of her husband
on the dissolution or divorce of marriage.
Affinity:
Rules of Affinity come into operation.
Inheritance:
Mutual rights of inheritance are established.
Change of status:
A woman does not change her status.
9. Number of Wives: Sec.255
A Muslim husband may have as many as four wives at the same time, but not more. if he marries a fifth wife when he is already four, such marriage would be irregular.
10. Conclusion:
To conclude I can say that marriage is not a sacrament but a civil contract between two persons of opposite sex. every Muslim of sound mind and who has attained the age of puberty may enter into a contract of marriage. the main essentials of marriage are proposal, acceptance, witnesses, free consent, and consideration which is called dower.