Muslim Marriage IN India PDF

Preview

Summary

MUSLIM MARRIAGE IN INDIAMarriage is universal and obligatory among Muslims. Marriage must be performed because the Muslim community discourages celibacy. Marriage is a civil contract among Muslims because it is intended for the purpose of procreating children and legalising sexual intercourse; howev...

Description

MUSLIM MARRIAGE IN INDIA Marriage is universal and obligatory among Muslims. Marriage must be performed because the Muslim community discourages celibacy. Marriage is a civil contract among Muslims because it is intended for the purpose of procreating children and legalising sexual intercourse; however, it is also a religious obligation. It is known as a 'ibadat.' The bride must accept the groom's marriage proposal; the bridegroom must be capable of entering into a marriage (father's brother's daughters) and cross cousins (mother's brother's daughters) are given preference; and marriage is valid only if it is free of legal complications.

It should be noted that men and women did not have equal rights when it came to divorce. Women have always been the ones who have been on the receiving end of abuse. However, the perspective has shifted dramatically as a result of industrialization, urbanisation, modernization, and the spread of modern education. Some of the effects of social change on the institution of Muslim marriage include the spread of the small family norm and a lower incidence of divorce. The Shariah's regulations, combined with the Prophet's traditions, provide us with a framework for identifying Muslim marriage, family, and inheritance practises. The Shariah is a set of rules that govern marriage, family, and inheritance. The Prophet's traditions include records of the Prophet's own way of life and pronouncements on a variety of topics. For Muslim social life, these traditions have become a source of normative guidance. Let's take a look at some Muslim family, marriage, and inheritance traditions.

Let us look at the fundamental characteristics of Muslim marriage in the context of the Islamic religion, which has served as the ideological foundation for social behaviour.

Nikah

The Arabic word 'Nikah' is used to describe marriage among Muslims. It occurs in the form of a contract and is not regarded as sacred (exceedingly sacred). It's a character requirement. The main goal of 'Nikah,' according to Muslim law, is procreation and the legalisation of children. The following are the essential elements of a Muslim marriage: a) a marriage proposal is made by or on behalf of the concerned parties; b) the proposal is accepted in the presence of one or two male and two female witnesses; and c) the Dower or Mehr is settled. Sunnis perform 'Nikah,' a permanent marriage, while Shias perform Muta marriage, which is a temporary marriage. Muta marriage differs from 'Nikah' for the following reasons: I in permanent marriage, the wife is entitled to maintenance, whereas in Muta marriage, she is not; ii) a 'Muta' marriage lasts for a set period of time, after which it dissolves and it becomes illegal to continue the marriage.

The parents, particularly the father, are largely responsible for the marriage arrangement. Previously, the bride or groom had no say in the choice of his or her partner. In the case of females, this disadvantage was even more pronounced. With the passage of time, male members of the Muslim community have gained some autonomy in selecting their spouse. The situation for women has remained largely unchanged.

The Different Types of Muslim Marriages

In India, there are three types of Muslim marriages: valid (Sahi Nikah), void marriage (batil), and irregular marriage (fasid). A valid marriage is one that has been contracted while adhering to all religious and legal requirements. The wife has the right to maintenance and property inheritance in a valid marriage. A marriage is not considered legal in a void marriage. Polygamy, marriage within the circle of close relatives, marriage with idolaters, marriage with people of pre-mature age and unsound mind, sororate, marrying a woman during her 'Iddat' period, and so on are all

examples of invalid marriages. Some of the conditions of a valid marriage are violated in an irregular marriage. By correcting the irregularities, these marriages can be converted to valid marriages. Irregular marriages include: I the lack of the required number of witnesses; ii) a Muslim man marrying his fifth wife; iii) marrying a woman during her 'Iddat' period, and so on. Marriage at a Younger Age

For Muslim Social Organisation marriages, Islamic law does not specify an age limit. The only stipulation is that a minor girl cannot marry her husband after they have been married. Although young girls may marry, the girl should only marry after she has reached the age of maturity. This interpretation has nothing to do with age, but rather with puberty. The latest amendment to the 'Child Marriage Restraint Act' of 1929 sets the minimum marriageable age for males and females at 21 and 18 years, respectively. Despite this, early marriage is still common in the Muslim community. Wedding Ceremonies

The Muslim marriage ceremony, known as 'Nikah,' is performed by a 'kazi.' Reciting verses from the Quran to seek Allah's blessings for the couple is customary. Both individuals must give their consent. A formal document called a 'Nikahnama' is prepared to complete the marriage ceremony. 'Nikahnama' specifies the nature of Dower or Mehr, among other things. Mehr refers to a specific amount of money or property that the bride is entitled to receive from the bridegroom in exchange for her marriage. It's a kind of guarantee for the woman's safety. Mehr is a necessary custom that no Muslim marriage can achieve social or legal legitimacy without. Mehr isn't a set amount of money or real estate. It varies depending on the social and economic circumstances of the families involved. The payment method is also adaptable. It can be paid either immediately after the wedding or at a mutually agreed-upon later date.

Mehr and Dower: Dowry is not mentioned in Islamic law. In reality, however, it has become commonplace. In general, the value of Mehr has been reduced to a purely symbolic level. It is typically several times less than the dowry, which many girls' parents pay at the time of marriage. As a result, the ritualization of Mehr and the growing practise of dowry have harmed Muslim women's status and marriage prospects.

Polygamy

Polygamy, or having multiple wives, is a common practise associated with Muslim marriage. A Muslim man can have up to four wives at a time in Islam. He must, however, be able to treat them equally and fairly. During the Muslim rule in India, the practise of having multiple wives became popular. It is becoming less common these days. It has significantly decreased among the Muslim population's urban and educated segments. Marriage between parallel and cross cousins is permitted in Islam. A notable preferential choice is when a man marries the daughter of his father's brother. In terms of other communities, Mohammedan Law also imposes certain restrictions on marriage. A Muslim woman cannot marry a non-Muslim or a 'Kithabian.' However, a man can marry a 'Kithabia.' To be clear, a 'Kithabia' (n) is a person who believes in a religion revealed through a book other than the Quran but does not practise 'idol' or 'fire' worship, for example.

Remarriage and Divorce

In matters of divorce, the husband has unrestricted freedom under Muslim Personal Law. He has the right to divorce his wife for whatever reason he wants or without assigning any reason or cause. A woman, on the other hand, does not have this freedom. As a result of this tradition, men now have dominance and power over women. Although the Prophet granted women the right to seek separation on reasonable grounds, this is not the case in practise. There are two types of divorce in general: talaq and khula or mubarat. Talaq is a type of judicial divorce that used to be

effective if the husband unilaterally said the word 'Talaq' three times. Talaq-e-biddat is the name for this triple talaq. The practise of a Muslim man pronouncing the word 'talaq' three times in one sitting to his wife results in an instant and irreversible divorce, according to Muslim personal law. On June 21, 2019, the Minister of Law and Justice introduced the Muslim Women (Protection of Rights on Marriage) Bill, which was passed on July 26, 2019. On August 1, 2019, India made triple talaq illegal, replacing an Ordinance passed on February 21, 2019. The bill declares all talaq declarations, whether written or electronic, void (i.e. unenforceable in law) and illegal. Talaq is defined as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man that results in an immediate and irreversible divorce. 'Khula and mubarat' is another type of divorce. The wife initiates divorce in 'Khula,' while divorce in'mubarat' occurs by mutual consent.

After a divorce, a woman is not immediately free to remarry. She must wait a certain amount of time before seeking remarriage. This time period is known as 'iddat.' In general, the practise of 'talaq' is regarded as the most heinous in Islam. In India, the 'Dissolution of Muslim Marriage Act' of 1939 gave Muslim women the right to divorce their husbands on certain grounds, but men still have far more freedom in divorce cases than women.

Widow marriage is encouraged by the Quran and Islamic tradition. It is the responsibility of her parents to marry a widow. Despite the fact that widow marriage is clearly stated, such marriages have been presented in the past due to socio-cultural considerations.

Women in Islam have the right to inherit property, despite the fact that Islamic society is patrilineal. Islamic law recognises not only the scope of property that a woman may own—by inheritance, gift, or the fruits of her own labor—but also the absolute ownership of it. Daughters and widows both inherit property from their parents and husbands, including land and houses. Even if they are childless, remarried, or divorced, Islamic law gives women complete control over their inherited property.

Women, on the other hand, inherit smaller shares of wealth than men; a son inherits twice as much as a daughter....