CLASSIFICATION OF MARRIAGES UNDER MUSLIM LAW

This article is written by VAIBHAV SINGH, Student of BALLB (3^rd year) of ASIAN LAW COLLEGE during his internship at Ledroit India.

Abstract

Muslim marriage are conducted as per Sharia Law. The both sects of Muslims Shia and Sunni follow their own modified version of marriage.For example, witnesses are required for a legitimate marriage under Sunni law but not under Shia law. Muslim marriages are essentially classified into four types: 1. Nikah Sahih (Valid Marriage), Nikah Batil (Void Marriage), Nikah Fasid (Irregular Marriage), Muta Marriage. In this article we will learn about the classification of marriage under Muslim Law

Keywords: Marriage, Muslim, Law, Iddat, Ijab, Qubool, Acceptance, Proposal, Islam, Contract, Nikah, Shia, Sunni.

Introduction

Muslim Marriage or Nikah is held as a valid civil contract between a man and a woman carried out on the basis of ijab-o-qabool. Ijab means proposal and qubool means acceptance. Hence, ijab-o-qubool refers to proposal from one party and acceptance from the other.  According to Sharia law, this contract is viewed as essential to a religiously acceptable Islamic marriage that legalises sexual interaction between man and woman to produce offspring. The contract is never binding and can be terminated at the discretion of the husband and wife.

Essential of Marriage under Muslim Law

Under Muslim Law, there are many essentials which needs to be fulfil for a valid marriage. Some of the conditions are mentioned below:-

1. There must be Ijab-o-qubul i.e. there must be proposal by one party and acceptance by other.
2. The proposal and acceptance must be given in the same meeting.
3. All the essential of valid contract must be fulfilled.
4. Under Sunni law, proposal and acceptance must be made in the presence of witness (two males or one male and two female) who are sane, adult, and Muslim whereas under Shia law, there is no need of witness at the time of proposal and acceptance.
5. The parties must be competent.

Classification Of Marriage Under Muslim Law

The world’s Muslims are divided into two sects based on their beliefs and traditions: Sunni Muslims and Shia Muslims. Marriages in both sects are done in different manner, with diverse traditions and customs, resulting in numerous types of marriage under Islamic law.

Furthermore, Islamic marriages are social contracts that are legally obligatory on the parties.Marriages are classified as follows in Muslim law:

1. Nikah Sahih (Valid Marriage)

2. Nikah Batil (Void Marriage)

3. Nikah Fasid (Irregular Marriage)

4. Muta Marriage

1. Nikah Sahih (Valid Marriage)

The phrase sahih is an Urdu term for ‘right’ or ‘valid,’ while nikah denotes marriage. When all of the necessary elements of a Muslim marriage are fulfilled, it is referred to as a sahih nikah, or legitimate marriage.  It states that if two Muslim people (one man and one woman) engage into an arrangement through offer and acceptance and the groom pays the mehr for the bride’s marriage, it is a legitimate marriage.

A lawful marriage has the following social and legal effects, which are outlined below:

• The spouses are legally married, allowing them to legally consummate their marriage.
• The parties obtain inheritance rights over the properties that can be inherited as a result of their marriage.
• However, Muslim law does not allows the wife to file a case to get maintenance in the event of a divorce since it is thought that the dower provided at the time of marriage is adequate for her well-being. However, the Supreme Court has said clearly that following a lawful marriage, the wife is entitled to alimony and maintenance for herself and her children.
• The right to maintenance is distinct from the right to receive the promised dower.
• The couples must be devoted and faithful to one another. A Muslim man, on the other hand, is permitted to engage in polygamy, therefore only the wife is obligated to stay loyal to the guy after the marriage.
• If a man’s wife is disobedient or unfaithful to him, the Quran authorises him to reprimand or chastise her using reasonable means.
• If any children are born as a result of a sahih marriage, they are regarded legitimate offspring.
• If the wife is a widow or has been divorced by her husband, she is required by Muslim law to execute the Iddat ritual, which states that she cannot remarry before a period of 90 days from the day of the husband’s death or divorce. This is to ensure that the woman was not pregnant when her husband died or divorced.

• 2. Batil Nikah (Void Marriage)

As per the Indian Contract act of 1872, a Void agreement is one that is not legally enforceable. Similarly, an agreement between a prospective bride and groom that does not satisfy all of the essential conditions of a Muslim marriage is void, and any marriage that occurs in pursuance of a void agreement is referred to as a void marriage or Batil nikah.

In Munshi v. Mst. Alam Bibi, the court stated that when there is a permanent or continuous restriction on marriage owing to non-compliance with a condition, the marriage is void. When one or more of the above-mentioned essential of a legitimate marriage are not fulfilled by the spouses prior to marriage, the marriage is null and invalid.

The following are certain situations in which a Muslim marriage is void.

• When a marriage occurs between two people who are completely incapable of getting along.
• When a person marries the wife of another guy while the lady’s marriage is still subsiting.
• Having four or more wives. In this instance, the fifth marriage and so on are null and invalid.
• Marrying a non-Muslim.
• In Tanjela Bibi v. Bajrul Sheikh, the court ruled that a marriage with a pregnant woman from before the marriage is null and invalid.

• 3. Fasid Nikah (Irregular Marriage)

In the case of Ata Mohammed v. Saiqul Bibi, it was determined that when a marriage is temporally prohibited but not necessarily restricted, it is only irregular or fasid and not invalid. An irregular marriage involves different factors and points of view.

Irregular marriages exist solely among Sunni Muslims, but an irregular marriage is invalid under Shia law. An irregular marriage occurs when a marriage is performed by breaching certain or partial requirements of a legitimate marriage. The marriage between a Muslim and a Christian or a Jew is the example of an irregular marriage.

In general, an irregular marriage is a voidable marriage rather than a void-ab-initio marriage. If the irregularity in an irregular marriage can be eliminated, the marriage becomes lawful. So, if a Sunni Muslim male marries a Jewish woman but converts her to Islam, the marriage is legitimate. The social and legal consequences of an irregular marriage are determined by whether or not the marriage was consummated.

These are some implications:

• If the marriage is not consummated, the wife has no right to dower from the husband if he divorces her.
• The wife is not required to follow the iddat rule, which prohibits her to remarriage within three months after divorce if the marriage is not consummated.
• The wife has no right to demand maintenance from the husband during the three-month iddat period.
• If the illegal marriage is completed and children are born, the children will be regarded genuine and will have full property inheritance rights.
• If the irregular marriage is consummated, then the children born out of the marriage will be regarded as legitimate and will have all property inheritance rights.

• 4. Muta Marriage

Muta marriage is the fourth type of marriage that exclusively happens among Shia Muslims and not among Sunni Muslims. Muta marriage is a short-term or temporary marriage between a Shia Muslim man and a woman of Islam, Judaism, or Christianity in exchange for the payment of a dower when the marriage ends. The bride must also be aware of the duration and dower.

In order understand Muta marriage we need to understand its history. The Shia sect of Muslim are predominant in most Arabian countries such as Abu Dhabi and Dubai. Sheikhs who are mostly associated in oil industry. They were compelled to travel in distant location and stay there for days or even for months due to their business. During this time, the sheikhs needed to satisfy their sexual desire and wants. As a result, the Sheikhs used to marry the women for a limited period of time  and divorce them when they have to left the place and provide the women with dower as a form of compensation for marrying.

Following are some features of the muta marriage:

• All social contract formalities, such as free consent, capacity to enter into a contract, offer and acceptance, and determined dower, must be followed. The dower must be fixed at the time of marriage otherwise the marriage would be null and void.
• Muta marriage does not give the parties any mutual inheritance rights.
• Children born out of muta marriages are deemed legitimate and have the right to inherit from https://www.gktoday.in/topic/types-of-muslim-marriages-and-divorce/Once the expiration period has passed, the marriage will get terminated by itslef. The husband may propose a gift known as Hiba-i-muddat in exchange for an early divorce.
• If the marriage is not consummated, the wife is only entitled to half-dower. She is entitled to full dower if the marriage has been consummated.