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Chapter 4 - Marriage : Definition, Nature, Capacity, Classification and Legal Effect of Marriage.

Mohammedan Law – Marriage in Muslim Law
Like other religions in India, Islam is also a strong advocate of marriage. It is said that there is no celibacy in a Muslim marriage. Marriage, in India, is a social need through which families are created. Also, families, in our society are the fundamental entities. Furthermore, in Islam, the only way to indulge in intimacy between a woman and a man is through marriage. Also, in a Muslim marriage, a person can practice polygamy. But this Islam prohibits the polygamy. There are many conditions that were guarded by the Prophet for polygamy.

Muslim Marriage
In Islam, marriage is not compulsory. Although it is recommended to marry. Also, for some individuals it becomes obligatory. Also, one should not marry when he does not mean to provide for future family and wife.

Furthermore, if the person does not have children or he has no sexual drive than also he should not marry. Other conditions like if future religious obligations are affected than also that person should not marry.

There are general essentials that are required for marriage in Islam. These are:

It is important to have the consent of both people. If there is no consent, then it is considered void. Even if the person has attained puberty and is of sound mind.
Also, a minor person who has not attained puberty and is a lunatic than the contract can be considered valid with the permission of their guardians.
Every Muslim person who is of sound mind and has attained puberty can marry. Also, if there is no proof of puberty, then the age of puberty is fifteen years.

Kinds of Marriage
There are two types of Muslim marriage that are generally considered valid. They are

Muta marriage
Regular marriage
Muta Marriage
Muta marriage is considered in the Shia only. This marriage is also known as temporary marriage. There is no recognition for this type of marriage in Sunni law. A Shia male is legally obliged to marry anyone of his choice.

While a Shia woman cannot be contracted for this type of marriage with a non-Muslim person. Also, in this marriage, dower needs to be fixed. Furthermore, the cohabitation period should also be fixed.

Essentials of Marriage
There are certain essentials for marriage in Muslim. They are

Both parties need to be competent.
There needs to be a proposal on behalf of or made by one of the parties. Also, there needs to acceptance on behalf of or by another party.
The acceptance and proposal need to be expressed in one of the meetings.
At the time of hearing of acceptance and proposal, there is a need for witnesses. This includes one male and one female or two males. These people should be of sane mind an adult.
There is no need for any religious ceremony or writing.
Effects of Marriage
Once the marriage between both the parties is over there lawful obligations that may arise. They are
The mutual intercourse between both parties is legalized.
Also, a child that is born is legitimate.
Furthermore, a wife has the power to ‘Mahr’ and is entitled to maintenance.
For valid reasons only, a husband cab prohibits the movement of a wife.
Also, after divorce or death of a husband, a wife needs to complete the period of Iddat. She cannot marry anyone during this period.
Practice Questions on Muslim Marriage

Q. The follower of Shia law cab perform Muta Marriage with

A. A fire worshiper woman

B. A Christian woman

C. A Muslim woman

D. All of the above

Answer: D. All of the above
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