Write short notes on the Nature of Muslim Marriage.
Question: Write short notes on the Nature of Muslim Marriage. [HJS 1998] Find the answer only on Legal Bites. [Write short notes on the Nature of Muslim Marriage.] Answer Marriage is a contract under Muslim law. And when two people enter this contract, with it also comes certain rights and duties of both the man and woman. Etymologically,… Read More »
Question: Write short notes on the Nature of Muslim Marriage. [HJS 1998]
Find the answer only on Legal Bites. [Write short notes on the Nature of Muslim Marriage.]
Answer
Marriage is a contract under Muslim law. And when two people enter this contract, with it also comes certain rights and duties of both the man and woman. Etymologically, the meaning of marriage according to the Mohammedan dictionary is “the celebration of a marriage contract, marriage is enjoined upon every Muslim, celibacy is condemned by the prophet”.
The Mohammedan law provides for religious and legal aspects to Islamic marriage. Because along with the Quran and Ijmas also the legal principles laid down are followed in India.
Justice Mahmood in Abdul Kadir v. Salima (1886) ILR 8 All 149 said,
“Marriage among Mohammedans is not a sacrament, but purely a civil contract.”
When it comes to marriage in Islamic law, there are two things kept juxtaposed to each other. On one hand, Mahmood J. stated that it is a civil contract and on the other hand, it is also a sacrament. So we can see that on one hand, there are principles of contract law that is applicable and on the other hand the principles of the Quran.
In Muslim law, marriage is not a sacrament; it is a contract as was also reiterated in the case of Abdul Qadeer v. Salima(1886) 8 All. 149. This is one of the vital judgments which has been given by the first judge of the High Court of Allahabad. This judgment also highlights the importance of it being a religious sacrament.
The Mohammedan Law provides for a very rigid implementation of nikah as an institution of marriage. Anciently, marriage was dealt with as a measure of providing security to the women in a marriage. With the evolution of time, from securing to purchase to the acquisition of a woman by way of the property was in vogue.
One may conclude that the nature of Muslim marriage by the observation of M.C. J. Jung:
“Marriage is an institution of Ibadat clothed in the legal form of contract regulating sexual intercourse; but its continuance is dependent upon the maintenance of conjugal affection”.
