THE ISLAMIC MARRIAGE

WHAT IS A PROPER OR VALID ISLAMIC MARRIAGE

Nikah (Marriage) is a civil contract and no religious ceremony is necessary to bring about this relationship. The marriage is covered by the Muslim Law, which confers the contractual capacity on attainment of puberty. It is presumed that on completion of fifteen years of age, a person attains puberty. If a person is of sound mind and has attained puberty his/her marriage cannot be performed without his/her consent. The contractual character of the Muslim marriage is also emphasized by the presence of Dower or Meher as the essential incident of a marriage. Thus, the contractual agreement and the dower thereof make a marriage.

CONTEXT OF MARRIAGE IN ISLAM

Islamic marriage is a contract, not a sacrament. Marriage is a civil agreement entered by two individuals or those acting on their behalf, as the religiously sanctioned way for individuals to have legitimate sexual relationships and to procreate. Mixed marriage is encouraged and is a means to prevent racism creeping in society.

PURPOSE OF MARRIAGE IN ISLAM

As elaborated by various schools of legal thought, Islamic Jurisprudence considers the main purpose of marriage contract to make sexual intercourse lawful (halal) between a husband and wife and to legitimize any resulting offspring. Further rights and duties are also established by the marriage contract for each spouse. Apart from the basic requirement of mutual good treatment there are also other rights and duties differentiated by gender. They are also interdependent in the sense that the failure of one spouse to perform a specific duty may jeopardize his or her claim to a particular right.

RIGHTS ACCORDED TO WOMAN IN MARRIAGE

The primary right of the woman is the dower or meher, which is given by the husband to his wife. It may range from a token sum to a substantial wealth that is legally hers and she may save, spend or invest it according to her will. In addition she has the right to lodging, clothing and can even have the support of at least one servant to perform domestic chores and wait on her. In case there is more than one wife, she has the right to an equal share of her husband’s time. The Muslim woman has equal rights as the Muslim man has. A Muslim widow is encouraged to remarry and her remarriage is the responsibility of the Muslim society. A Muslim mother is given the highest form of respect.

DUTY OF WOMAN IN MARRIAGE

Since the primary purpose of marriage contract is lawful intercourse, the woman is always expected to be available for sexual intimacy. A wife who refuses her husband’s advances or leaves the marital home without permission, or with his permission but of her own will, loses her right to support.

MAINTENANCE UNDER MUSLIM LAW

The "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act as "the protection of the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands. The Act lays down under various sections distinctively the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of iddat and his obligation is not confined to the period of iddat.

All obligations of maintenance however end with her remarriage and no claims for maintenance can be entertained afterwards. The Act thus secures to a divorced Muslim woman sufficient means of livelihood so that she is not thrown on the street without a roof over her head and without any means of sustaining herself. Protection to Divorced Women Sub-section (1) of Section 3 lays down that a divorced Muslim woman is entitled to: (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after the divorce.