Marriage Under Muslim Law In India

Marriage is a universal institution, a live example of sacred cultural and religious practices involving not only two individuals but also social and legal ties. In India, every community follows its own personal laws on marriage or divorce according to the plurality of the society. Muslim marriage, or Nikah, is guided by Islamic principles and is unique compared to the matrimonial practices of other communities.

Muslim Marriage: About

• Muslim marriage that is also known as Nikah marriage, Islamic marriage or Muslim matrimony is considered to be much more than merely a religious sacrament, for it constitutes a civil contract between a man and a woman and is subject to Islamic law as interpreted under the personal laws applicable for Indian Muslims. 
• Unlike Hindu or Christian marriages, Muslim Marriage Nikah is not regarded as the sacrament but only a contractual relationship as well defined rights and obligations under both parties.
• Essentially, a Muslim Marriage Nikah consists only of the offer (Ijab) by one party and acceptance (Qubool) by the other in the presence of witnesses. The contract also includes Mahr, the compulsory bridal gift or dowry, from the groom to the bride.

Islamic Marriage: Essentials

Proposal and Acceptance:

• Ijab and Qubul Ijab is called proposal in Muslim Religion Marriage. Qubul is the acceptance of that proposal. So, ijab should be done by one part or on his behalf and then it should get accepted by the other part. For a Muslim marriage to be deemed lawful, the proposal and acceptance must take place in a single sitting. If ijab was in one sitting and qabul takes place on another, it is not valid marriage.

Competency of Parties:

• The parties getting into marriage contract are required to fulfil some criteria, including being (i) of legal age, (ii) of sound mind, and (iii) Muslims.

Free Consent:

• The free consent of the parties to the marriage is the main crux of a legal marriage in Muslim law. Any agreement recovered through coercion, fraud, or mistake of fact makes the marriage invalid and void.

Dower (Mahr):

• The term "mahr" refers to the monetary or property consideration that the groom would give to the bride at some time around the marriage. It shall be so determined as to make the bride financially secure, during and after marriage.

Freedom from Legal Disability:

Absolute Prohibitions:

• Consanguinity: Close blood relatives refer to mothers, daughters, sisters, aunts, and nieces, among others, with whom the law forbids living with.
• Affinity: Prohibited marriage is distanced by a few selected relatives, such as a mother, daughter's daughter, a son's wife, a stepdaughter, and very many more.
• Fosterage: The act of marrying among closely related persons still remains illegal where one of them has suckled from the same woman.

Relative Prohibitions:

• Unauthorized Union: A person cannot marry two women simultaneously, while the women are related in the prohibited degree (for example sisters). To comply with this rule of marriage is customary and acceptable but to disobey it is irregular marriage.
• Polygamy: Polygamy in Islam is permitted and applies to a Muslim man marrying not more than four women. However, the act of polygamy is concluded through marrying another woman with four wives in his marriage; it is, however, in fact consummated when the marriage is suspended.
• Lack of Appropriate Witnesses: According to Sunni law, marriage must be witnessed by at least two men or by one man and two women. Shia law does not stipulate the necessity of witnesses, as already mentioned.
• Difference of religion: Sunni law sanctions the marriage between a Muslim male and a female who is a Christian or Jew, but not with an idolator. A Muslim woman is not allowed to marry to a non-Muslim man under the Islamic law.  
• Marriage During Iddat: For a widow, the months of iddat allotted to a divorced lady would also be considered, along with the time that had passed since her husband's passing; this includes ten days and four lunar months. If she was pregnant, she would observe iddat until she is delivered. According to Shia law, a marriage of this kind would be void, but in terms of Sunni law, it would be unusual. 

Is Hindu Marriage with Muslim Allowed?

• The marriage between a Hindu and a Muslim is usually preferred to get solemnized under the Special Marriage Act, 1954, which is postulated to be a secular law providing a legal framework for marriages irrespective of the religious backgrounds of the parties involved. 
• The provisions of this act would leave both the individuals free from the desires of a single religion with respect to the concerned marriage and yet ensure that it is legally recognized for respective actions or consequences under the law.

Do Muslim Can Marry a Christian?

• A Muslim man can marry a Christian woman if she is part of the one's godly domain understood by the "People of the Book" without having to convert to Islam. 
• This creates a point of similarity between Islam and Christianity-about commonality in the divine heritage of both religions.
• Practical issues like cultural differences and social mores usually require very careful thought and mutual understanding.

In fact, the marriage of a couple under Muslim law in India brings with it many religious traditions, legal formalities, and cultural practices. The fact that interfaith marriages are allowed to be solemnized under the Special Marriage Act adds a special importance to Muslim marriage in that it is a religious marriage altogether. However, if we go into the foundation, the principles of fairness and mutual respect and consent create a strong framework for maintaining the foundations of Muslim marriage highly precious for bearing upon the establishment of a relationship. And intercommunity and interfaith marriages so often require the delicate balancing of personal laws, cultural sensitivities, and legal provisions-including recognition of rights and dignity for all parties concerned within that marriage.

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