Valid marriage Irregular marriage Void 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 as a contract that has for its object the procreation and legalizing of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and in order that human being may guard themselves from foulness and unchastity.
4. Classification of marriage:
The classification of marriage is as under.
- (a) Valid.
- (b) void.
- (c) Irregular.
(a) Valid:
A marriage that conforms in all respects with the law is called a valid marriage.
(b) Void:
A void marriage is one which is unlawful in itself the prohibition against the marriage being perpetual and absolute. so it is no marriage at all.
Examples:
Marriage without the consent of either party.
A marriage is prohibited on the grounds of affinity.
A marriage is prohibited on the grounds of consanguinity.
A marriage with the wife of another person.
(c) Irregular:
An irregular marriage is one that is not unlawful in itself, but unlawful for something else. in an irregular marriage irregularity arises from accidental circumstances.
Examples:
- A marriage without witnesses.
- A marriage with a woman observing Iddat.
- A marriage is prohibited on grounds of difference of religion.
- A marriage with two sisters at the same time.
- A marriage to a fifth wife.
5. Difference between void and irregular marriage:
I. As to legal position:
Void marriage has no lawful position.
Irregular marriage is not in itself unlawful.
II. As to prohibition:
In a void marriage, the prohibition is perpetual and absolute.
In irregular marriage prohibition is temporary.
III. As to legitimacy:
In a void marriage, the children born out of the union are not legitimate.
In an irregular marriage, the children born out are legitimate.
IV. As to rights and obligations:
In a void marriage, no civil rights and obligations arise.
In an irregular marriage, if consummation has taken place some rights and obligations arise.
V. As to legal effect:
A void marriage has no legal effect.
An irregular marriage has legal effects after consummation.
VI. As to modification:
A void marriage cannot be modified into a valid marriage.
An irregular marriage can be modified into a valid marriage.
6. Kinds of marriage under Shia law:
The Shia law only recognizes two kinds of marriage viz, valid and void marriage.
7. Capacity to contract marriage:
Parties must be able to understand the nature of their act.
- The parties must be adults.
- There should be the free will of the parties.
- There should be no element of compulsion.
- There should be no legal disability.
8. Modes of avoiding irregular marriage:
Following are the modes of avoiding irregular marriage.
(a) By the court:
The court can cancel the marriage if the matter is brought to its notice.
(b) By Husband:
The husband can repudiate his wife.
(c) By wife:
The wife can also avoid the marriage by relinquishment.
9. Conclusion:
To conclude I can say that marriage is a civil contract. according to Sunnhi law a marriage that is not valid may be either void or irregular. the Shai law recognized only two kinds of marriage. a void marriage is not lawful whereas irregular marriage is not unlawful but unlawful for some other reason.