Explain the various forms of marriages under Muslim Law. Also, enumerate the points of distinction between them.

Question: Explain the various forms of marriages under Muslim Law. Also, enumerate the points of distinction between them. [BJS 2011]

Find the question and answer of Muslim Law only on Legal Bites. [Explain the various forms of marriages under Muslim Law. Also, enumerate the points of distinction between them.]

Answer

There are two sects of Muslims all over the world divided by their beliefs and traditions, viz. Sunni Muslims and Shia Muslims. Marriages in both sects are conducted in different ways with different traditions and customs and because of this, there are several forms of marriage under Islamic law.

Moreover, as aforementioned, Islamic marriages are social contracts and are legally binding upon the parties. Hence, since this is a contract, it is classified accordingly.

The classification of marriages under Muslim laws is:

1. Sahih Nikah (Valid Marriage)

2. Batil Nikah (Void Marriage)

3. Fasid Nikah (Irregular Marriage)

4. Muta Marriage

1. Sahih Nikah (Valid Marriage)

The term sahih is an Urdu term for the word 'correct' or 'valid' and as already explained, nikah means marriage. When all the essential conditions of a Muslim marriage are duly fulfilled, it is called a sahih nikah or valid marriage.

It means if two Muslim persons (one being the man and the other a woman) enter into an agreement by way of offer and acceptance and the groom has paid the Mehr for the marriage to the bride, it is a valid marriage.

2. Batil Nikah (Void Marriage)

According to the Indian Contract Act, of 1872, an agreement that is not legally enforceable is a void agreement. Similarly, an agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil nikah.

3. Fasid Nikah (Irregular Marriage)

When a marriage is temporarily prohibited and not certainly restricted it is merely irregular or fasid and not void. Irregular marriages exist only in the case of Sunni Muslims whereas an irregular marriage, under Shia law, is void marriage. When a marriage is conducted by violating certain or partial conditions of a valid marriage, it is called an irregular marriage. The best instance of an irregular marriage is a marriage between a Muslim and a Christian or a Jew. In general, an irregular marriage is voidable marriage and not void-ab-initio. If the irregularity can be removed from an irregular marriage, the marriage becomes valid when it is removed.

4. Muta Marriage

Muta marriage is the fourth kind of marriage that occurs only in Shia Muslims and not Sunni sect of Muslims. Muta marriage is a temporary marriage between a Shia Muslim man and a woman of Islam, Jew, or Christian religion for a fixed period of time and in return for the payment of a fixed amount of dower at the time of divorce. The time period and the dower must be informed and accepted by the bride as well. This marriage is not followed by Sunni Muslims who consider marriage to be a permanent union and not a temporary affair.

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