Did you know: Muslim marriage is a contract.

The Karnataka High Court held that Muslim marriage, unlike Hindu marriage which is a sacrament, is a contract. However, the court opined that divorce does not mean that the contract is ended without any further obligations, such as maintenance.

Is Muslim marriage a contract?

Yes, marriage is a contract under Muslim personal law. The contract can be entered by fulfilling the following conditions:

• Both the bride and groom must give free consent for the marriage.
• They should be of sound mind and should have attained puberty . 
• A guardian like a parent or sibling, can consent on behalf of a minor or someone not of sound mind.

What is the difference between Mehr and maintenance?

Mehr is a specific amount of money or property which the husband gives wife to be used in cases when the wife needs it the most i.e., in the event of divorce or death of husband. The husband can be give it at the time of marriage, or in installments. The wife can claim it at the time of divorce if it hasn’t been given yet.

Maintenance, on the other hand, is the amount the husband gives to the wife and children after divorce, to fulfill certain obligations. This is only given until the wife dies or remarries.

These amounts are separate, and a divorced woman can claim for both.

Who can initiate a divorce in Islam?

According to Muslim law, either the wife or the husband can initiate a divorce under certain circumstances. There is also a provision for a mutual divorce.

To know more, read our explainers on Muslim marriage and divorce.