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Muslim Marriage Act
Under the law, Nikah or marriage is a civil contract and may be permanent or temporary and no religious ceremony or ritual is necessary. It states that to have a valid Nikah or marriage under the Muslim law, presence of a Qazi or priest is not necessary. Merely a proposal in the presence and hearing of two normal males or one normal Muslim male and two normal Muslim female adults, and acceptance of the said proposals at the same time constitute a legal wedding under the Muslim Personal Law.
The Muslim Marriage law permits a man four wives if he treats all of them equally.
It is assumed that on completion of 15 years of age, a person attains puberty. If a person is of sound mind, normal and has attained puberty his or her marriage cannot be performed without his or her consent.
To have a legal and valid marriage following conditions are to be satisfied like both should be of sound mind or the guardian in marriage should act on behalf of the person of unsound mind in arranging the marriage contract. Either the parties should have attained the age of puberty or the guardian in marriage on behalf of the party concerned should enter into the marriage contract.
Concept of Marriage and Divorce under Muslim Law
- Marriage or “Nikah” in Islamic law is a contract pure and simple needing no writing and no scared rites. All that is necessary is offer and acceptance made in the presence and hearing of two male or female witnesses and recording the factum of marriage in the “Nikah” Register maintained in every mosque signed by the parties and attested by witnesses. It is payable to the wife on the dissolution of marriage or death or divorce. In India, there is no need to register the Muslim marriage, as there is no law requiring registration.
- There are six forms of divorce recognized under Islamic Law. They are Talaq, Talaq bu Tafweez, Kula and Mubaraat, Illah, Zibar and Lian. Talaq confers on Muslim husband the privilege of being able to discard his wife whenever he chooses to do so for reasons good, bad or indifferent indeed for no reason at all. Talaq-i-Tufeez is the exercise of the right of divorce by the wife by virtue of the power delegated to her husband at the time of marriage or even thereafter, Kula and Maturate are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent. Illah is a constructive divorce in which the husband swears not to have sexual intercourse with his wife for 4 months and abstains from doing so. Zihar is a mode of divorce in which the husband compares his wife with his mother or any other female within prohibited degree. Lian is a divorce in which there is imputation of adultery to the wife by the husband and the wife is entitled to file a suit for dissolution of marriage on the false charge of adultery.
- The Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek divorce through court on the ground of, whereabouts of the husband are unknowns for 4 years, failure of husband to provide for the maintenance of the wife for 2 years, sentence of imprisonment of the husband for 7 years, failure to perform martial obligations, impotency of the husband, or insanity of the husband, Repudiation of marriage by the wife before attaining the of 18 years cruelty of the husband and any other ground relevant at that point of time.
Section 2 of the Dissolution of Muslim Marriage Act, 1939
Grounds for Muslim Woman.
- Not heard for 4 years.
- Failure to provide maintenance for two years.
- Husband sentenced for 7 years imprisonment or upwards.
- Failure to platform martial obligations for three years.
- Impotency at the time of marriage and continuation.
- Insanity for two years or suffering from leprosy or a virulent venereal disease.
- Marriage before attaining age of 15 years and repudiation before attaining the age of 18 years.
- Cruelty in the form of habitually assaulting, associating with women of evil repute, force to lead an immoral life, interfering into the wife’s property, obstruction to observe her religious practice, not equally treating with other wives etc.,
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