Marriage is a universal institution, and within the Muslim community, it is highly encouraged, with Islam discouraging celibacy and Prophet Mohammad emphasizing the preference for married life. Both Sunni and Shia sects consider marriage almost obligatory. Muslim marriage, known as nikah, is viewed as a secular bond with objectives such as controlling sexual relations, ordering domestic life, procreation, and raising children.

Nature of Muslim Marriages

Unlike a religious sacrament, marriage among Muslims is primarily a civil contract. Roland Wilson (1941) defines it as a contract legalizing sexual intercourse and procreation. S.C. Sarkar (1948) supports this view. However, marriage also holds religious significance as a devotion and an act of “ibadat,” with compliance believed to be rewarded in the afterlife and non-compliance considered a sin. Jang (1953) argues that ‘nikah’ is essentially a contract but also a devotional act.

Essential Characteristics of a Valid Muslim Marriages (Nikah)

• Marriage Proposal and Acceptance (Ijab and Qubul): As a civil contract, a marriage proposal (‘ijab’) and its acceptance (‘qubul’) are essential. The groom proposes to the bride in the presence of two witnesses and a Muslim priest (“mauvli or kazi”). Both proposal and acceptance must be clearly uttered by the bride and groom or their agents of sound mind in the same meeting for a “sahi nikah” (regular marriage).
• Capacity to Contract Marriage: Only adult persons of sound mind can enter a marriage contract. Child marriages and marriages of people of unsound mind are not recognized, although a minor’s marriage can be contracted by their guardians.
• Observance of Equality: Traditionally, marriage among equals is preferred, and while there is no legal prohibition against marrying someone of lower status, such marriages are frowned upon. Runaway marriages (‘kifa’) are not recognized, and marrying idolators or slaves is not approved. Among Sunnis, social inferiority of the groom can be grounds for marriage cancellation, but not among Shias.
• Preference System in Mate Selection: Traditionally, there is an insistence on preferential systems in mate selection. Preference is given to cousins, especially parallel cousins (father’s brother’s daughter) and then cross-cousins (mother’s brother’s daughter). Nowadays, these preferences are not strictly followed. It is permissible to marry a deceased or divorced wife’s sister, but a widow cannot give preference to marry her deceased husband’s brother.
• Freedom from Legal Complications: A Muslim marriage is considered “sahi nikah” (valid) only if it adheres to ‘shariah’.

Valid, Invalid, and Irregular Marriages

A Muslim marriage held according to Islamic rules is a ‘sahi nikah’ or valid marriage, whereas one held contrary to Islamic rules is ‘batil’ or invalid/void.

Conditions of Invalid Marriage (Batil):

• Polygamy violations: A woman cannot marry while having a living, not-divorced husband. A man cannot marry a fifth woman while still married to four others.
• Marriage within prohibited degrees of relationship: Marriage is not allowed with close relatives such as mother, grandmother, sister, sister’s daughter, mother’s sister, father’s sister, daughter, wife’s mother, wife’s daughter from a previous husband, or son’s wife.
• Marriage with idolators: Islam opposes idolatry, so marriage with idolators is not permitted. A Muslim man may marry a non-Muslim girl if her idolatry is nominal, to keep idolatry out of the Islamic body politic, but a Muslim woman is never allowed to marry a non-Muslim.
• Marriage with people of premature age or unsound mind: Marriage with a person of unsound mind is invalid, as is marriage of immature persons without parental consent.
• Sisters as co-wives (Sororate): Islamic rule prohibits marrying sisters simultaneously. However, one can marry their wife’s sister after the wife’s death or divorce.
• Marrying a woman during her ‘Iddat’ period: A Muslim woman cannot marry while undergoing “iddat”.

Distinction Between Irregular (Fasid) and Invalid (Batil) Marriages

Muslims differentiate between “irregular” (‘fasid’) and “invalid” (‘batil’) marriages. ‘Fasid’ marriages can be converted into ‘sahi’ marriages by removing the impediments, whereas ‘batil’ marriages cannot.

• Examples of Fasid (Irregular) Marriages: Absence of witnesses during proposal and acceptance, a Muslim man marrying a fifth woman, marriage with a woman undergoing ‘iddat’. These irregularities can be corrected.
• Examples of Batil (Invalid) Marriages: Marriage within prohibited degrees of relationship, a Muslim woman marrying an idolator, a Muslim man marrying two sisters. These irregularities cannot be corrected, making such marriages invalid.

Mehr (Dower)

Mehr, or dower, is a practice associated with Muslim marriage. It is a sum of money or property the wife is entitled to receive from her husband in consideration of the marriage.

Purpose of Mehr: Dower is an obligation imposed on the husband as a mark of respect for the wife. Its main purposes are to deter the husband from divorcing his wife and to enable the woman to support herself after her husband’s death or divorce.

Dissolution of Muslim Marriage

Muslim marriage, treated as a contract, can be dissolved in several ways:

• Divorce as per Muslim law without court intervention
• Divorce as per the Shariah Act, 1937
• Divorce as per the Muslim Marriage Dissolution Act, 1939 (with court intervention)

Divorce According to Muslim Law:

Traditionally, divorce can be obtained directly in two ways without civil court intervention: Khula/Mubarat and Talaq.

• Khula/Mubarat: Divorce by mutual consent. In Khula, the wife initiates the divorce, while in Mubarat, either party can initiate it.
• Talaq: A husband can divorce his wife by repeating the dismissal formula thrice. Talaq can be oral or written (talaqnama). There are three forms of Talaq:
  • Talaq-e-Ahsan: A single pronouncement of talaq followed by conjugal abstinence until the completion of “iddat”.
  • Talaq-e-Hasan: Three pronouncements of Talaq during three successive menstrual periods with no sexual contact between the spouses.
  • Talaq-ul-Biddat: Pronouncement of talaq in a single sentence (e.g., “I divorce thee thrice”) or in three separate sentences, or in a single clear pronouncement (“I divorce thee irrevocably”).
  • In the first two types (Ahsan and Hasan), there is a chance to re-establish marital ties, but not in the third form (Biddat).

Divorce as Recognized by Shariah Act, 1937:

The Shariah Act of 1937 provides for three forms of divorce:

• Illa: If the husband swears by God to abstain from sexual relations with his wife for four months or more, and sticks to it, the marriage is dissolved.
• Zihar: The husband declares his wife to be like the back of his mother to him in the presence of two witnesses. While the marriage is not immediately dissolved, the wife can go to court on this ground.
• Lian: The husband accuses his wife of adultery, giving the wife the opportunity to go to court and insist that her husband either withdraw the allegation or prove it.

Provisions for Divorce as per the Dissolution of Muslim Marriage Act, 1939:

This act allows a Muslim woman to seek divorce on the following grounds:

• Husband’s whereabouts are unknown for 4 years
• Failure of husband to provide maintenance for 2 years
• Imprisonment of husband for 7 years or more
• Impotency of husband since marriage
• Failure of husband to fulfill marital obligations for 3 years
• Insanity of husband for 2 years or incurable diseases like leprosy or venereal diseases
• Husband’s physical and mental cruelty
• Marriage forced upon her before she reached 15 years (divorce must be sought before she turns 18)
• Any other valid ground permitted by Muslim law

Difference Between Hindu and Muslim Marriages

Muslim marriage in India is a multifaceted institution blending contractual and religious elements. While rooted in tradition and religious law, it has also been shaped by legislation and evolving social norms.