Home Legal Advice Muslim Marriage(Nikah): Necessities, Sorts and Muta | Legislation with Shaheen

Muslim Marriage(Nikah): Necessities, Sorts and Muta | Legislation with Shaheen

77
0

Muslim Marriage(Nikah):

Muslim Marriage(Nikah) is the central establishment round which the entire household life revolves. Marriage is a course of or a means by way of which a female and male grow to be authorized to 1 one other in sexual actions. The process of Marriage is completely different in each faith. Therefore, we’ll focus on right here Muslim Marriage(Nikah) intimately.

Definitions of Muslim Marriage(Nikah):

In line with widespread parlance;

“Marriage (Nikah) is a civil contract between two individuals of reverse sexes with the item of legalization of sexual activity, the safety and preservation of the human race”.

Muhammadan Legislation says,

“Marriage(Nikah) is a contract for the legalization of sexual activity and safety of youngsters”.

Goal and Objects of Muslim Marriage in Islam:

The objects and functions of marriage nikah in Islam are:

  1. Safety of regular household life;
  2. Avoidance from foulness and immorality;
  3. Legalization of youngsters;
  4. Legalization of sexual activity;
  5. Preservation of human race; and
  6. Systematization of home life.

Necessities of Legitimate Marriage:

Following are the necessities of a legitimate marriage: –

  1. Supply (Aijab)
  2. Acceptance (Qabool)
  3. Capability (Ahliat)
  4. Free Consent (Raza)
  5. One sitting (Majlis)
  6. Clear and unambiguous
  7. Presence of witness
  8. Dower (Mehr)

Sorts of Muslim Marriage Nikah:

Muslim marriage Nikah will be labeled into following heads in response to the character of time period concerned: –

  1. Everlasting Marriage
  2. Short-term Marriage

Everlasting Marriage Nikah and their Authorized results:

The everlasting marriage is acknowledged by each Shia and Sunni Colleges. Muslim marriage will be sub-divided into three classes on the idea of the existence of prohibitions: –

  1. Legitimate Marriage (Sahih)
  2. Void Marriage (Batil)
  3. Irregular Marriage (Fasid)

Legitimate Marriage(Nikah):

These are the marriages which fulfil all the necessities as prescribed by the Sharia. They create all kinds of authorized rights supplied and guarded underneath Islam, resembling:

  1. Sexual relationship turns into lawful
  2. Youngsters born because of wedlock are reputable
  3. Spouse has proper to obtain dower
  4. Spouse has proper to upkeep and residence

Void Marriage:

These are handled as void ab initio and the defect as a result of which they don’t seem to be validated can’t be cured. Therefore, they create no authorized results by any means and relationship quantities to Zina.

For instance:

  1. A wedding nikah with the spouse of one other.
  2. Remarriage with divorced spouse the place authorized bar nonetheless exists.
  3. Marriage with foster and blood relations can be null and void.

Irregular Marriage:

These should not void and are halfway between legitimate and void; nevertheless, there exist some defects which will be negated.

Upon curing these defects these marriages grow to be legitimate. Shia legislation doesn’t acknowledge these marriages.

Following marriages are irregular: –

  1. A wedding with out witnesses.
  2. A wedding with a girl present process iddat.
  3. A wedding prohibited by motive of distinction of faith.
  4. A wedding with two sisters.
  5. A wedding with the fifth spouse within the presence of current 4 wives.
  6. A wedding of illegal conjunction.

Short-term Marriage or Muta:

Short-term marriage known as “Muta” and these are the muta marriages for a hard and fast period or for a particular interval. The literal which means of muta is enjoyment or use. Shia Faculty acknowledges one of these muta marriage and Sunni Faculty treats it as void.

Conclusion:

It’s concluded that Muslim Marriage(Nikah) is a civil contract having a component of worship too. It may be labeled into everlasting and short-term marriages. Solely Shia Legislation acknowledges short-term marriages. Sunni Legislation classifies this establishment into three varieties (legitimate, void, and irregular) out of which irregular one isn’t acknowledged underneath Shia Legislation.

Yow will discover us right here for our future notes/articles/circumstances: https://blog.feedspot.com/legal_law_blogs/

LEAVE A REPLY

Please enter your comment!
Please enter your name here