Theme: Muslim Marriage

What is a valid marriage?

The validity of a marriage can be checked through the nikahnama, which is considered integral to a religiously-valid Islamic marriage. The Qazi will maintain the nikahnama. If there is no nikahnama then the Qazi himself can be the witness.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.))

 

The nikah can also be done though phone or the internet.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.333.))  It will be valid in cases where the parties make a proposal and acceptance before their witnesses and an advocate who is present. The witnesses and the parties must be familiar with the person appointed as the advocate and should know their name, father’s name and residential address which is also mentioned at the time of the proposal and the acceptance.

 

Who is a guardian under Muslim law?

The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians:(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.330.))

  • Father.
  • Paternal grandfather how high so ever.
  • Brother and other male relations on the father’s side.

If these paternal relations are not there then the right goes to:

  • Mother.
  • Maternal Uncle or aunt and other maternal relations.

Under the Shia school of Law, the only guardians for marriage for minors are the father and the paternal grandfather.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.346.))