Essential Conditions for Valid Muslim Marriage in India :

INTRODUCTION :. We know very well that in india marriages of each religions covered by their own personal laws . Like Hindu’s marriages covered under the Hindu Marriage Act 1955 but muslim law is not codified in india it’s marriages covered by its personal laws . There is a landmark case of Abdul Kadir V. Salima , in this case justice Mahmood said that muslim marriage purely a civil Contract rather than a sacrament . Thus a valid contract is necessary for muslim marriage . The essential of muslim marriage are very much similar to the contract .

Essential of valid muslim marriage :.

There are some important essential for the muslim marriage which are as follows.

1. Proposal and acceptance :-. In Muslim Marriage there must be proposal or offer ( ijab ) by one party and acceptance of the same as ( qubul ) by another party . For a valid muslim marriage proposal and acceptance should be carried out at the same meeting . If offer is made at one meeting and acceptance of the offer is done in second meeting then it will not considered as valid.

2. Competency :-. In Muslim Marriage the parties must be capable like a contract . The parties must be attained the age of puberty but if a minor and not attain the age of puberty the consent of the guardian is required to make the marriage lawful . Muslim is considered to have attained the age of puberty at 15 year’s . At the time of marriage the parties must be sound mind . And Parties must be muslim .

3. Consideration ( Mehr ). Consideration or mehr is important elements in Muslim Marriage . Mehr means the amount of money or other property which a bride groom has to give to bride as a consideration of marriage . Its main objects to offer the bride a sense of financial security during and after the marriage .

4. Free consent :-. For a valid muslim marriage there must be free consent of the parties . If the consent taken by the coercion , fraud , misrepresentation , mistake , undue influence then that marriage considered as a void .

5. No legal disability :-. Under the the muslim marriage there are some Relationship in which is prohibited to marriage .

Consanguinity :-. Consanguinity refers to blood Relationship in which a muslim man is restricted from marriage the following women. His mother or grand mother,His daughter or grand daughter ,. His sister ,. His niece ,. His aunt or great aunt ,. . a marriage with women prohibited under the consanguinity relationship is void . Affinity :-. Any marriage with few relative is also prohibited in Muslim . His wife mother’s or grand mother , His wife daughter ,, His father wife’s , His son’s wife’s . A marriage with women prohibited under affinity is void . Witness :-. There must be Marriage done in proper and competent witnesses . Under the Shia law presence of witness is not essential and marriage without witness is considered as valid . Under the sunni law presence of witness is essential . Al least one male and two female witness should be present and that witness should be major and sound mind .


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