Muslim Law & Jurisprudence

Muslim Personal Law (Family Law)

Marriage Dissolution of Marriage Parentage & Legitimacy Dower Guardianship Gifts Pre-emption Waqf Wills & Gifts made in Death-sickness Gifts and Will in favor of Unborn Child Law of Adoption Maintenance Muslim Family Laws Ordinance (1961) Muslim Law of Inheritance Ownership & Possession

Marriage
According to Asaf A.A. Fyzee Marriage (Nikkah - )in Islam is a contract and not a sacrament. It is related in Traditions that the Holy Prophet Muhammad (PUBH) said: When the servant of God marries, he perfects half of his religion. [1] Definition of Marriage It is a contract for the legalization of intercourse and the procreation of children. Mahmood J. in the leading case of Abdul Kadir v. Salima Observes: Marriage among Muhammadans is not a sacrament but purely a civil contract Form of Capacity Marriage may be constituted without any ceremony. The essential requirements are offer (Ijab) and acceptance (Qubul). According to Hanafi Law, two witnesses are necessary but nor according to Shia Law. Capacity Every Muslim of sound mind who has attained majority can enter into a contract of marriage. A person majority at 15 (according to Hedaya Law earliest period of a boy is 12 and girl is 9). Option of Puberty Khiyar al-bulugh () Such a minor may be given in marriage either by i. Father of grandfather ii. Any other guardian In a case of a girl marriage during minority. She has entitled to dissolution her marriage if she proves the following facts. According to Dissolution of Muslim Marriage Act of 1939, Section (vii): a. b. c. d. She was given in marriage by her father or other guardian Before age of 15 She repudiated( ) the marriage before the age of 18 Marriage has not been consummated

(Consummation of marriage ( ) before the age of puberty does not deprive the wife of her option).

Disabilities 1. Number
A Muslim man may marry any number of wives, not exceeding four, but a Muslim woman can marry only one husband. If a Muslim marries a wife, such a marriage is not void but irregular.

2. Religion
Difference of schools Difference of Religion: A man in Hanafi Law may marry a Muslim woman or a kitabiyya; but a Muslim woman cannot marry anyone except Muslim. In Shiite, whether a male of female cannot marry a non-Muslim; but he can contract a muta (or temporary) form with kitabiyya (including fire-worshipper). According to D.F Mulla: A Muslim male may not contract a valid marriage with an idolatress ( ) or a fireworshipper. Such marriage is not void but merely irregular. It was held in Ishan v. Panna Lal (1928).