Islamic

PERSONAL law
Marrige In islam
 The Hukum of Marrige
• The Topic of Marriage is taught as part of the Personal
Law in universities of Pakistan.
 The Hukm of marriage:
• The majority of Jurists maintain that the Hukm of
Marriage Conveys Recommendation.
• Zahirite School of thought said that marriage is
obligatory.
• Malikites School of thought hold that for some it is
obligatory, for others Recommended and for the Rest it
is Permitted.

"Marry of the women who seem good to

you".
Formation of the Marrige:
The formation of the contract of Marriage Covers
four things.
I. The nature of the Permission with which the
contract is concluded.
II. The Person whose Permission is acknowledge
for the validity of the contract.
III. Whether the Contract of Marriage is Permitted
with an option.
IV. Is Immediate acceptence a Condition is
Contract at Marriage
 Consent in Marrige:
There are two different types of Consents for People /
moked in a Contract of marriage:
1. Men and deflowered women:
(deflowered Women is the one who has already been
married once or
more then that she maybe divorced or wide wed)
Both men and deflowered women give their consent of
Marriage on their own behalf.
2.Virgin women:
Where as the consent of marriage for Virgin women is
given by their father or any appointed guardian on
their behalf.
 Guardians Consent:
• For Baligh Virgin Women and minor Divorced girls. The
consent of the marriage is given by the guardian.
• Imam Malik and Al-Shafi belive that father can force
them into marriage.
• whereas Abu-Hanifah lays his emphasis that even a
Virgin women consent shall be taken into consideration.
If she is not willing to get married. She shall not be given
into Marriage
“The Virgin is to be asked for Permission.”
• Whereas about Minor Divorced girls it is said that they
forced into. Marriage.
 Is guardianship a condition for the
validity of contract of marriage?
Jurists have different opinions on whether for consent by
guardian is Condition for Validation of Marriage Ibn Rushd
has Recorded the opinion.
1. Malik said there is no marriage without a guardian.
2. Al-Shafi also said guardianship is a Condition for
Validity of Contract.
3. Abu-Hanifah said if a women contract her marriage
without a guardian it is Permitted.
4. Dawud al-Zahri distinguished the women between
deflowered and Virgin (for deflowered women consent
of guardian is not necessary but for Virgin women it).
Witness or (Shahadah) in contrast
of Marrige:
• Abu Hanifah, Al-shafi and Malik unanimously
agreed that witness is a Condition of marriage.
• They agreed that a secret marriage not valid .
• However Jurists have different Opinions on witness
in Marriage. Some Jurists believe that witness is a
Condition for validity. but Some Jurists emphasize
that it is a Condition for Completion of Marriage.
• Holy Prophet (SAW) about the Presense of witness in
a marriage Says..
"Proclaim this Marriage and beat the drums".
 The contract of Marrige
• “Nikkah”
A Nikkah, In Islam, Is a Contract between a Husband
and wife and forms Part of one of the Stages in an
Islamic marriage.
• The Nikkah takes place with the ljab (offer) and
Qabool. Aceptance by both the Parties in a contract
of Marriage.
• Once the Ijab and Qabool is made The Contract of
Marriage is completed.
• The Nikkah will invoke the Husband and Wife
Signing a Contract which will be witnessed by the
wife's father (Guardian) and a male from the
Husband's family.
 Important insights of Nikkah:
 A women can not do more then one Nikkah at a Specific
time. If She is under some one's Nikkah and due to some
Reason, wishes to Marray another Person. So she can not do
another Nikkah Right away. She will have to take Khula from
her husband. She has to spend 4 Months in Iddat and then
she can remarry.

• whereas A man is allowed to keep four wives at one time. He

can Remarry other women. If he wills to But for Remarrying
he has to take a genuine Consent from her first wife. If she
allows him to remarry only then he is allowed to Remarry.
Even after Remarrying the Husband is obliged to fulfill all the
need and his wants of all the wives equally, He shall treat all
his wives with equality.
 Dower(Sadaq) Haq Mehr:
• Dower is one of the Conditions validity of Marriage.
"And give unto the women whom ye marry! free
gift of their marriage Portion”.
 Dower Amount:
• According to Jurists there is no Maximum limit for
Power in Islam However the minimum limit may be
anything that has a monetry value.
• According to Imam Malik. The Minimum dower is
one fourth dinar of gold or three measured dirhams of
Silver or what is equivalent to three dirhmas"
 Deffered and Prompt Dower:
• A group of Jurists did not permit deferment of dower.
• Some of the Jurists who Permitted deffered Dower claimed
that that the dower can be deffered till The Consumation
(sexsual Intercourse) of marriage.
• And a group among them believed that Payment of dower
is Compulsory even if they spend time in seculsion without
having Intercourse.
• Imam Malik and Shafi Said that only one-half dower
becomes due with more seculsion. And full dower has to be
paid once the Inter Course between the Spouses takes Place.
• whereas Abu Hanifah Said Full dower becomes due when
the Spouses Spend time in Seclusion
 Women Prohibted to a men
According to Quran:
The Jurists agreed their are Seven type of women
prohibited to a man:
I. Mother.
II. Daughter.
III. Sister.
IV. Parental Aunts.
V. Maternal Aunts.
VI. Brothers Daughter.
VII.Sisters Daughter.
A man cannot form any sort of Relationship, with above
mentioned women
Prohibtion Of Marrige towards follwing
Womens:
A Man can not form a Contract of marriage with
following Women under the Teachings of Islam:
They are of tour types:
i) Step mothers (wife of father)
ii) Daughter in laws (wives of sons).
iii) Mothers of wives (Mother of In Law).
iv) Step Daughters (Daughters of wives)
A man can not of Marriage form a Contract
with them
 Numbers of Marriges:

• The Muslim Jurists agreed about The Permissibility

of (a man) marrying four women at the Same time.
“Marry good to you of the women who seem
two or three or four”
• They disagreed about a Number beyound and four.
"hold on to tour and let go the Rest”
 Combinations Marrige:

• The Jurists agreed that two sisters Cannot be given

into the marriage of one Man at the same time .
• If a sister is married to a man so the man cannot
remarry the other Sister while being in contract of
Marriage with one sister.
• However if the first sister dies. so the Man can
Remarry with the other sister.
Marrige in the Ritual State of the
Ihram and Illness:

• Jurists belive that a man cannot marry a Women in

Ritual State of Ihram. If he goes through a Contract of
marriage. The marriage is void.
• Jurists have different Point of Views about marriage in
Illness.
• Abu-Hanifah and Al-Shafi permitted the marriage in
State of the illness.
• However to Imam Malik said that it is not Permitted
 Option upon Absence:
• The Jurists disagreed over the missing Person about
whose life or death nothing is known.
• Malik said that his wife is to be given a period of
four years from the day her case is brought before
the Judge.
• If Search for Information about his life and death
terminates and his. Where abouts become unknown,
The Judge will determine a Period for her .
• Upon the termination of the Period she will begin to
observe the waiting period of four months and ten
days after which the lady will be free to marry
another Person.
 Polygamous Marriages:
• The Jurists agreed that omang the Wife's basic.
Martial Rights .In case of Polygamous marriage is
Justice between the wives in sharing of the
husband's favors fairly between This wifes.
• "When a Person has two wives and he feels Inclined
towards one of them he will appear on the day of
Judgement with one of his sides Inclined"
Marrying and Zaniya (Zina)

• The jurists disagreed about the marriage of a

Zaniyah (women knownleged in unlawful sexcual
Intercourse or adultry).
• The majority of Jurists permitted this marriage but
a few disallowed it .
"And the Zaniyah none shall marry the Zani
or an idolator All this is forbidden unto
belivers!”
 Sahih, Batil and Fasid
marriage:
 Batil Marrige:
Batil marriage reffers to a Void marriage. It is
unacceptable from the beginning .
For example:
A married women cannot contract another
marriage while her husband is alive.. Such
marriage is void or Batil.
Fasid Marriage /Irregular
Marriage:
 Fasid Marriage:
A fasid Marriage is one which is voidable but
there is an option of making it a valid marriage
by fulfilling some Conditions.
For example:-
Marriage without a witness it may become Valid
if the element of witness is fulfilled
 Valid Marriage:
 Valid Marriage:
Valid Marriage is the one that fulfills all the
essential elements of marriage.-
• Contract at Marriage (ijab/Qabool)
• Guardian's Consent
• Legal Capacity.
• Witness
• Dower.
There are the elements of valid Marriage.
Effects of Muslims Marriage:

I. Sexsual Intercourse becomes lawful and

children born are Legitimate.
II. The wife becomes entitled to dower (mahr)
III. The wife becomes entitled to maintenance. .
IV. Mutual Rights of Inheritence are established.
Lists of enactments which deal with
Marriage in Pakistan:

• The Muslim Family laws ordinance 1961.

• Dissolation of Muslim Marriage Act 1939 .
• Divorce Act 1869.
• Guardian and Wards Act 1895.
• Maintenance Order enforcement Act 1921