The holiness associated with the institution of marriage in the Islamic system has not been understood or sufficiently appreciated by foreigners. Marriage is recognized in Islam as the foundation of society. It is a treaty, but also a sacred alliance. Marriage as an institution leads to the elevation of man and is a means of survival of the human race. The main purpose of the institution of marriage is to protect society from laziness and dissatisfaction. It has also been said that marriage is such a sacred sacrament that, in this world, it is an act of ibadat or adoration, because it preserves humanity free from pollution. [v] According to the Qur`an, man and woman must honor each other, treat each other with respect, and follow each other`s legal orders. If they find that they can no longer live as husband and wife, they can turn to the Qazi, who, after careful examination, may decide to end their marriage. He described that Muslim marriage depends on the declaration or proposal of one and the consent or acceptance of the other parties. In Arabic-speaking countries, marriage is commonly referred to as zawāj (Arabic: زواج, from the Quranic term zawj (Arabic: زوج), which refers to a member of a couple), and this term has recently gained prominence among Muslim speakers of other languages as well. The marriage contract is known by various names: literary Arabic: عقد القران ʿaqd al-qirān, „marriage contract“; Urdu: نکاح نامہ / ALA-LC: Nikāḥ-nāmah; Bengali: আকদ, romanized: akd; Persian: ازدواج ezdevāj „marriage“ and سند ازدواج or عقدنامه (sǎnǎde ezdevāj, aqd nāmeh) for the certificate. The celebration of marriage can be called ʿurs/zawāj (Arabic: زواج/عرس), ezdewaj/arusi (Persian), shaadi (Urdu), biye/biya (Bengali) or düğün (Turkish).
[11] There is an ongoing debate about whether or not Sharia should be recognized in Western countries such as the United States and Australia, which would allow Nikkah to be recognized as a legal marriage. [80] [81] There are also other elements in Islamic wedding rituals that the study finds difficult to recognize in court, including mahr or dowry. Women who are denied their dowry do not have a clear path to legal challenge in the United States or Canada. [78] Irregular marriages exist only among Sunni Muslims, while irregular marriage is a null marriage under Shia law. An illegitimate marriage occurs when a marriage is entered into in violation of one or more provisions of a lawful marriage. A marriage between a Muslim and a Christian or a Jew is the best example of an irregular marriage. This article was written by Khushi Rastogi, a student at Symbiosis Law School, Noida. In this article, she discusses the different types of Muslim marriages, registration and dissolution of marriages under Muslim law. In addition to the usual marriage until death or divorce, there is another temporary marriage known as zawāj al-mutʻah („marriage of pleasure“)[2] (p. 1045), which is only allowed by branch twelve of Shia Islam for a predetermined period of time.
[3] [4] (p. 242) [5] There is also Nikah Misyar, a non-temporary marriage with the abolition of certain conditions such as cohabitation allowed by some Sunni scholars. [6] [7] [8] Held – The Supreme Court ruled that this practice violates section 14 because it can only be practiced by the man in marriage and not by the woman, thus violating the concept of equality. Article 19 stipulates that a woman must be able to choose whether or not to divorce. Article 21 guarantees the right to life and personal liberty. In the end, it can be said that marriage in Islam is neither a single civil contract nor a sacrament. Quran [60:10] „O ye who believe that when you believe that when you believe women (leave the enemy and) seek asylum with you, you will examine them. God is fully aware of their faith. Once you realize that they are believers, you should not return them to unbelievers. They are not allowed to remain married to them, and unbelievers will not be allowed to marry them. Return the dowry paid by the unbelievers.
You don`t make a mistake by marrying them as long as you pay them their dowry due. Do not hold incredulous wives (if they want to join the enemy). You can ask them for the dowry you paid, and they can ask for what they paid. This is God`s rule; He reigns among you. God is omniscient, very wise. [46] Marriage in Muslim law has characteristics similar to those of a contract. [vi] For example: An interesting part is that the temporary husband and wife can extend the contract, but the husband must pay the amount to the bride regardless of this. The husband has the unilateral right to revoke the marriage sign from his higher position in the relationship. But the woman can refuse to be intimate with him or even leave him, but in this case, she must return the amount she received from him. The Privy Council stated in Shoharat Singh v.
Jafri Begum that nikah (marriage) is a religious ceremony under Muslim law. Facts – The Supreme Court decided to dismiss two appeals. The husband is fleeing the first marriage, which was celebrated under the Hindu Marriage Act of 1955 in each of these petitions. In addition, the husband fled and converted to Islam solely for the purpose of remarrying, circumventing Section 494 of the Indian Penal Code, which prohibits remarriage when a marriage is still alive. With prior mutual agreement, the mahr can also be paid in part to the bride with an amount that the groom gave to the bride when signing the marriage contract, also called Mu`qadamm (arabic: مقدم, lit. „presented front part“), and the last part was moved to a date during the wedding, also called Mu`akhaar (Arabic: مؤخر, lit. „delayed“). Various Romanized transliterations of mu`qadamm and mu`akhaar are accepted.
Such an agreement does not make the total amount of the mahr less required by law, nor does it nullify or reduce the husband`s obligation to perform the agreement while fulfilling his obligations to adequately accommodate, feed or clothe the wife (and the children born of the union) during the marriage. [49] A legally unenforceable agreement is void under the Indian Contract Act of 1872. A null order is an order in which a groom-to-be does not meet any of the requirements of a Muslim marriage, and any marriage that takes place to promote a null agreement is called a null or batil nikah marriage. Traditionally, Muslim lawyers claim that Muslim women are only allowed to marry Muslim men. The Qur`an explicitly allows Muslim men to marry chaste women of the People of the Book, a term that includes Jews and Christians. [26] [27] Although adulterous relationships are strictly prohibited, sexual relations permitted in marriage are described in Islamic sources as great sources of love and closeness for the couple involved. .