ASSIGNMENT

ON
MUSLIM MARRIAGE ACT
1. Classification of Marriage
2. Registration of Marriage
3. Dissolution of Marriage
4. Case Laws

Submitted by:-
Rajat Chauhan
LLB (Hons.)

KEY TAKEAWAYS
  “Marriage is a contract underlying a lifelong partnership based on mutual consent
on the part of a man and woman,” says Ashabah in Abdul Kadir v. Salima.

 Muslim law is derived from several codified and uncodified sources, including the
Quran, Ijma, Qiyas, customs, urf, precedents, equity, and various laws.

 The classification of marriages under Muslim laws are: 1. Sahih Nikah (Valid
Marriage) 2. Batil Nikah (Void Marriage) 3. Fasid Nikah (Irregular Marriage) 4.
Muta Marriage

 Iddat is a period of chastity that a Muslim woman must follow after her marriage
has ended due to her husband's death or divorce before she can legally marry again.

 Dissolution of Muslim Marriage by husband, wife and by mutual consent

INTRODUCTION
The laws in pre-Islam Arabia were patriarchal and skewed in favour of men. Just a few
blood relationships, such as marriages to one's actual mother or sister, had to account for
polygamy. There were various types of marriages, and divorce was simple and
straightforward for men. Since men were still considered dominant, women were denied
basic rights. Women were regarded as chattels, with no right of inheritance and were
completely reliant on men. Prophet Mohammad was responsible for a complete shift in
women's status.
In the exercise of all legal powers and duties, Prophet Mohammad put a woman on a nearly
equal footing with men. A Muslim considers a law marriage to be a civil contract. Women
do not lose their individuality after they marry. She is still a unique member of society.

The Arabic word Nikah means "union of sexes" in law and "marriage" in Arabic. Under
Muslim rule, the word 'Nikah' is used to refer to a marriage. The word Nikah means "to bind
together." It entails a specific contract to legalize generation.
In its most basic form, Nikah refers to carnal conjugation. It is both a matrimonial contract
and an institution that grants women a unique and high social status. The Nikah aimed to
ensure marital stability by binding both partners for an unspecified period and requiring the
woman to be honoured with the mahr. “And one of His signs is that He made mates for you
from yourself so that you could find peace in them; He put love and mercy amongst you.
Indeed, there are signs for people who think like that.” The Holy Quran (30:21)
DEFINITION OF MARRIAGE
Marriage (Nikah) is characterized as a contract between two people for procreation and the
legalization of children.
Contractual obligations: Marriage is a civil contract, not a sacrament, according to
Mahomedan law. Many of the rights and duties it produces take effect immediately and are
not subject to any conditions precedent, such as the payment of dower by a husband to his
wife.
“Marriage is a contract underlying a lifelong partnership based on mutual consent on the
part of a man and woman,” says Ashabah in Abdul Kadir v. Salima.
The Privy Council stated in Shoharat Singh v. Jafri Begum, that Nikah (marriage) is a
religious ceremony under Muslim law.
Outsiders have not fully comprehended or understood the sanctity attached to the institution
of marriage in the Islamic system. Marriage is regarded as the foundation of society in
Islam. It's a legal agreement, but it's also a spiritual covenant. Marriage, as an institution,
promotes man's advancement and ensures the survival of the human race. The primary goal
of marriage is to protect society from immorality and unchastity. It has also been said that
marriage is such a sacred sacrament that it is an act of ibadat or worship. Thus, according to
Muslim Law, marriage is a contract to regulate intercourse, procreation, and social life in the
interest of society by establishing the rights and responsibilities of the parties, as well as the
children born from the union.
“So Allah has made for you wives from yourself, and sons (i.e. sons and daughters; seeds)
and grandchildren from your spouses and He has provided you with the good” (things). Is it
then that they believe in deception while disbelieving in Allah's favour?” The Holy Quran

CLASSIFICATION OF MARRIAGE
Sunni Muslims and Shia Muslims are two groups of Muslims that are separated by their
views and customs all over the world. Since marriages in both sects are performed in various
ways, with different rites and customs, Islamic law recognizes different types of marriage.
Furthermore, as previously said, Islamic marriages are social contracts that bind the parties
legally. Muslim law is derived from several codified and uncodified sources, including the
Quran, Ijma, Qiyas, customs, urf, precedents, equity, and various laws. Hanifa, Hambali,
Maliki, and Shafai are the four main Sunni schools of thought. These four schools
acknowledge each other's legitimacy and have engaged in legal discourse for decades. In
India, the Hanifa school of Islamic law is the most common.
“And Allah created you from dust, then from a sperm-drop, then from pairs; and no female
can conceive or give birth unless she has Allah's knowledge; no one can be granted a long
age, (i.e., bear the burden of) nor is anyone's age diminished unless it is written in a Book.
That must be simple for Allah.” The Holy Quran (35:11)

THE CLASSIFICATION OF MARRIAGES UNDER MUSLIM LAWS ARE:

1. Sahih Nikah (Valid Marriage)
2. Batil Nikah (Void Marriage)
3. Fasid Nikah (Irregular Marriage)
4. Muta Marriage

ESSENTIAL OF MARRIAGE
The following are the requirements for a legal marriage:-
1. A marriage proposal should be made by or on behalf of one of the parties to the
marriage, and the proposal should be accepted by or on behalf of the other party.
2. Both the proposal and the approval must be made at the same time.
3. The parties must be competent.
4. Two male or one male and two female witnesses must be present and hearing during
the marriage proposal and approval, and they must be sane and adult Mahomedans.
(In Shia Law, this isn't necessary.)
5. There is no need for writing or another religious ritual.

CAPACITY TO MARRY
The following are the general requirements for marriage in Islam:-
i. Every Mahomedan of sound mind who has reached puberty is eligible to marry. The
age of puberty is fifteen years where there is no proof or signs of puberty.
ii. By their parents, a minor and insane (lunatic) who have not reached puberty may be
validly married.
iii. The consent of the parties is required. If there is no consent, a Mahomedan marriage
that is of sound mind and has reached puberty is void. Registration of Marriage
Marriage registration is required in Muslims since a Muslim marriage is considered a
civil contract. “Every marriage contracted between Muslims after the
commencement of this Act shall be registered as hereinafter given, within thirty days
from the end of the Nikah Ceremony,” according to Section 3 of the Muslim
Marriages Registration Act 1981. Nikahnama is a form of legal document used in
Muslim marriages that contains the marriage's basic conditions and information.
Valid Marriage

REGISTRATION OF MARRIAGE
Marriage registration is required in Muslims since a Muslim marriage is considered a
civil contract. “Every marriage contracted between Muslims after the
commencement of this Act shall be registered as hereinafter given, within thirty days
from the end of the Nikah Ceremony,” according to Section 3 of the Muslim
Marriages Registration Act 1981. Nikahnama is a form of legal document used in
Muslim marriages that contains the marriage's basic conditions and information.

DISSOLUTION OF MUSLIM MARRIAGE

A husband can divorce his wife without providing a reason by repudiating the union.
It is sufficient for him to say those terms that indicate his intention to divorce his
wife. This is usually achieved by talaq. He can, however, divorce by Ila and Zihar,
which vary only in appearance and not in substance from talaq.
A woman can not leave her husband on her own. She can only divorce her husband
if he has delegated his right to her or if they have reached an agreement. The wife
may divorce her husband by Khula or Mubarat if they have reached an agreement.
Before 1939, a Muslim wife had no right to divorce unless the husband was falsely
accused of adultery, insanity, or impotency. However, the Dissolution of Muslim
Marriages Act of 1939 establishes several other grounds on which a Muslim wife
may have her divorce decree granted by a court order. Dissolution of Marriage by
Husband Before a husband, there are four options for severing the marriage ties:
1. Talaq- ul- Sunnat
In reality, Talaq was regarded as evil, and if it becomes difficult to prevent it,
the best method was Talaq-ul-Sunnat, which enabled the results of the evil to
be reversed. Talaq is also known as revocable Talaq because it does not
become final immediately and there is always the chance of a reconciliation
between the husband and wife. During the Prophet's lifetime, only this form of
Talaq was used. This form of Talaq is accepted by both Sunnis and Shias. It is
then subdivided into two sections:
 Talaq-Ahsan:

As the name implies, it is considered the best type of talaq. The method that
the husband follows is as follows:
a) He must make a single-sentence divorce declaration, and this
declaration must be done in a state of purity (when a woman is free
from her menstrual cycle).
b) If a husband engages in some kind of sexual activity during the
iddat time (the period of chastity that a Muslim woman is required
to follow after the breakup of her marriage, whether by death or
divorce), it will be considered an implied revocation of talaq. It's
important to remember that once the iddat time has passed, the
 divorce is final.
c) Even if the wife is in her menstruation, talaq-e-Ahsan can be
pronounced if the spouses have not consummated their relationship.
 Talaq Hasan:
Hasan means "good" in Arabic, so divorces pronounced in Hasan mode is
good but not as valuable as those pronounced in Ahsan mode. The husband
must make three divorce declarations in a row.
a) Such three pronouncements should be rendered in three consecutive
Tuhr in the case of a menstruating wife (state of purity).
b) Pronouncement should be made at three 30-day intervals in the case of
a non-menstruating wife.
c) There should be no sexual activity during these three times of
pronouncements, and if there is, the divorce process will be revoked. d.
On the third pronouncement, regardless of the iddat period, Talaq
Hasan becomes irreversible.

2. Talaq-ul- Biddat
The “Umayyads” introduced this form of talaq to get around the strictness of
the law. As far as the Hanafis are concerned, this is a sinful type of talaq.
Sunni law recognizes this kind of talaq, though it is also considered sinful.
Shias and Malikis, on the other hand, are unaware of this mode. “Talaq, talaq,
talaq” or “I divorce thee, I divorce thee, I divorce thee” are examples of three
pronouncements rendered in a single Tuhr, either in a single sentence or in
separate sentences. A single declaration expresses the desire to break a
marriage and renders it irreversible. Partners who have been split by triple
talaq are unable to remarry without the woman marrying another man and
divorcing him, a procedure known as Nikah Halala. The Supreme Court of
India recently ruled in Shayara Bano vs Union Of India And Ors. that the
practice of triple talaq is unconstitutional since it violates the fundamental
right to life guaranteed by Article 14 of the Indian Constitution.

3. Ila (Vow of Continence)

It refers to the condition in which a husband of sound mind who has reached
the age of majority swears in the name of God that he will not have sexual
relations with his wife and leaves her to observe iddat. If the husband
resumes sexual activity during the iddat period, the Ila will be cancelled and
there will be no dissolution of the marriage. Ila is not practised in India,
which is important to remember. In Ila, the husband swears never to have
sexual relations with his wife. After this oath, there is a four-month cycle of
no consummation. The marriage is irreversibly dissolved at the end of the
fourth month. Ila does not act as a divorce without a court order under the
Ithna Asharia (Shia) School. The wife is entitled to a statutory divorce after
the fourth month has passed. If there is no cohabitation after four months,
the wife has the right to sue the husband for restoration of conjugal rights.
 4. Zihar
The husband compares his wife to a woman from his forbidden relationships,
such as his mother or sister. After such a contrast, the husband decides to live
apart from his wife for four months. Zihar is observed when the time limit
expires. After the fourth month has passed, the wife has the following
options: (i) she may petition the court for a judicial divorce; (ii) she may
petition the court for a decree of restoration of conjugal rights. The wife
cannot pursue judicial divorce if the husband wishes to revoke Zihar by
resuming cohabitation within the specified time. Cohabitation with a wife
who has been compared to a mother or sister, on the other hand, is a sin.
While the wife cannot obtain a judicial divorce in this situation, she may
force the husband to perform penance for his immoral behavior in comparing
her to his mother or sister. It may be revoked if the husband fasts for two
months, or if he feeds at least sixty people, or if he frees a slave. Zihar must
be done in the presence of two witnesses, according to Shia law.

DISSOLUTION OF MARRIAGE BY WIFE

1. Talaq-e-tafweez
This is the only way for a woman to divorce her husband; however, the right
to divorce must be delegated solely by the husband. It is a type of pre-marital
or post-marital agreement that gives the wife the right to divorce her husband
if certain conditions are met, such as:
a. If the husband marries a second time,
b. Any other requirement that must not be contrary to public policy is that the
husband is unable to sustain her for a given period. If the husband adheres to
the terms of the arrangement, the wife may sever her marital relations without
violating the law. The fact that the husband delegated power to the wife does
not absolve him of his responsibility to issue talaq.

DISSOLUTION BY MUTUAL CONSENT

While divorce by mutual consent was not recognized by Muslim law, it
became available to Muslim women after the passage of the Dissolution of
Muslim Marriages Act in 1939.
1. Khula
Khula means "to lie down" in front of the constitution. The husband places his
right hand on top of his wife. It refers to an agreement made to end a sexual
relationship in exchange for compensation paid by the wife to her husband out
of her house, including all that can be offered as dower. Khula is a divorce by
mutual consent and at the request of a woman, upon which she decides to give
her husband some consideration. It is essentially a "redemption" of the marital
contract. The husband cannot cancel the divorce after it has been approved
under Shia law, but the wife has the right to regain the consideration during
the iddat period.
2. Mubarat
It denotes the mutual dissolution of marital relations. The most important
 factor is that all parties must agree to the breakup of the union. In this divorce
mode –
1. You can make an offer from either side.
2. Acceptance of the offer makes the divorce final.
3. Iddat is needed. Parties may break their marriage under Shia law if they are
unable to continue their marriage by mubarat.

IMPORTANT CASE LAWS

1. Mohammed Ahmed v Shah Bano and Anr.
Facts - The case's facts revolve around the concepts of dower and repair. Following
the respondent's divorce through 'triple talaq,' when she requested maintenance from
her husband, the problem emerged.
In Muslim tradition, a woman is entitled to Mehr, or dower, which is offered to her
as a token of gratitude and is intended for her to use after the marriage or if her
husband dies.
Issue - Whether personal law or Code of Criminal procedure apply?
Held - the petition was brought under the code of Criminal Procedure and the court
ruled that even after the ‘iddat' period, the Muslim woman is entitled to maintenance.
This decision was reversed in 1986 when the Muslim Women (Protection of Rights
on Divorce) Act was passed, reiterating that Muslim men are not obligated to support
their wives after the iddat period.

2. Shayara Bano v. Union of India and others

Facts - The case revolves around a woman from Uttarakhand who acted as a
spokesperson for many Muslim women. Her marriage was a disaster, and she was
divorced by her husband through triple talaq (Talaq-ul-biddat).
Issue - If the practice of triple talaq is illegal because it violates the Constitution's
Articles 14, 19, and 21.
Held - The Supreme Court ruled that this practice is in violation of Article 14
because it can only be done by the man in the marriage and not by the woman,
thereby violating the concept of equality. Article 19 states that a woman should be
able to choose whether or not to divorce. Article 21 guarantees the right to life as
well as personal liberty.

3. Danial Latifi and another v. Union of India

Facts - The facts of this case is related to the Shah Bano case, in which the
complainant filed a court petition challenging a parliament act. As a result of the
Shah Bano decision, the Act was passed. The Muslim Woman Protection of Rights
on Divorce Act of 1986 stipulated that the husband in a marriage is liable to pay the
sum of dower and maintenance during the time of ‘Iddat' as specified by Muslim
personal law, after which the husband is not liable or responsible to maintain his
wife under any circumstances unless he prefers it.
Issue - The question before the court was to declare Section 3 of the Act, which was
passed, unconstitutional and in violation of Sections 14 and 21 of the Constitution.
 Held - The court debated the claims presented by the petitioners. He claims that
there is no excuse to deny a Muslim woman the protection guaranteed by the
Criminal Procedure Code. Also, the woman should be entitled to spousal support
from her husband. As a result, the court ruled in his favour, declaring the amendment
to be unconstitutional.

4. Shamim Ara v. the State of U.P.

Facts - The complainant, in this case, requested maintenance from her husband for
herself and two of her four children, claiming that he had abandoned her and treated
her cruelly. The respondent believed that the dower had been paid and that the
husband had agreed to pay Rs. 150 a month for the minor child's care. As a result,
the repair proposal was denied, and an appeal was lodged with the Supreme Court.
This appeal concerns the principle of maintenance in the case of a wife who was
divorced by her husband and received the dower as well.
Issue - When the dower has been paid, may the court order the husband to pay
maintenance to the wife?
Held - The Supreme Court ruled that the husband is liable to pay maintenance for the
two sons they have from their marriage, and therefore ordered the husband to pay
maintenance so that the wife, who has custody of the twins, can care for them.

5. Sarla Mudgal vs. Union of India

Facts - The Supreme Court decided to dismiss two appeals. The husband flees from
the first marriage, which was solemnized under the Hindu Marriage Act of 1955, in
each of these petitions. Furthermore, the husband fled and converted to Islam solely
for the purpose of remarrying, thereby circumventing Section 494 of the Indian
Penal Code, which forbids remarriage when one marriage is still alive.
Issues - The validity of a second marriage after converting from Hinduism to Islam.
Whether or not the man is liable under Section 494 of the Indian Penal Code.
Held - The Supreme Court ruled that the man is attempting to infiltrate the first
marriage and abandon the woman. As a result, the court ruled that a man cannot have
two marriages at the same time under the Hindu Marriage Act of 1955. The court
ruled that the second marriage is void in nature because the first marriage has not
been dissolved, and that the conversion that took place solely to commit fraud and
marry two women at the same time is invalid. The conversion is unaffected, but the
second marriage is nullified.

6. Chand Patel v. Bismillah Begum

Facts - The plaintiff Chand Begum filed an application for maintenance for herself
and her minor daughter before the Magistrate on the grounds that the respondent-
husband married her niece, after which she was ignored and not sustained.
Issues - Whether a Muslim man's marriage to sisters is legitimate, invalid, or simply
irregular, and whether the husband is responsible for the maintenance of both sisters.
Held - The Supreme Court ruled that a man's marriage to two sisters is not invalid. It
was claimed that this marriage would be of a purely irregular nature. Also addressed
was the fact that the child of such a marriage would be entitled to inherit from his
 father. It was also debated that a marriage in which the wife is Hindu, and the child
born from such a marriage, would have the right to inherit. It claimed that marriages
that took place without witnesses or during the former wife's "iddat" era are
circumstances under which the marriage between the parties can be declared invalid.

7. Ahmedabad Women Action Group (AWAG) v. Union of India

Facts - As a Public Interest Litigation, this case was brought by a non-profit group
dedicated to women's empowerment. It jolted the entire nation. In this case, the
petitioners argued that many common Muslim personal law practices were
unconstitutional.
First, polygamy was said to be in violation of Articles 14 and 15.
Second, the practice of Muslim husbands using the unilateral talaq scheme as a
violation of Articles 14 and 15.
Third, to believe that remarriage, when a Muslim husband is already married, is cruel
is to believe that remarriage is cruel in and of itself. Last but not least, to declare the
Muslim Women (Protection of Rights on Divorce) Act of 1986 unconstitutional.
Held – The court stated that this practice can only be carried out by the Muslim
husband in a marriage, not the wife. As a result, it was also reported that this causes
pain to the wife and can be considered cruel. The practise of triple talaq, which is the
dissolution of a marriage by simply saying the word Talaq without giving the woman
any recourse in court or elsewhere. When the guy decides he doesn't want to marry
her, she is left high and dry. This is also a ritual that can only be carried out by the
husband and not the wife. The rules of inheritance are patriarchal because they do
not extend to female family members.

8. Imambandi v. Mutsaddi
Facts - In this case, the Bombay High Court was dealing with a property dispute
involving three widows of a Muslim man who died intestate. The complainant
argued that she was the child's mother and therefore the legal guardian, and as such,
she was entitled to a share of the child's land. The principle of guardianship and the
division of property based on guardianship are discussed in this case.
Held - It affirms that the man is the ultimate and sole guardian of the child from the
union and that the mother is not considered the natural guardian of the child upon the
death or demise of the man or the father of the child. The grandfather or the man's
parent, on the other hand, is the child's natural guardian. In the absence of the
grandfather, the father's brother takes over as a natural guardian.

9. Gohar Begum vs. Nazma Begum

Facts - The details of this case concern the father's guardianship over an illegitimate
child. The applicant is the mother of an illegitimate child who has applied to have
custody of her child transferred from her husband to her under Section 491 of the
CrPC. In Mohammedan law, the illegitimacy of a child is a big problem that raises a
number of legal issues, as in this case.
Issue - The question before the court is whether the husband or the father has natural
guardianship of the minor illegitimate child under Mohammedan law.
 Held - The court ruled that a woman or wife may only be a natural guardian of an
illegitimate child. It was stated that in the case of an illegitimate child, the
circumstances are different from those of a legitimate child and that even a woman
or a wife may be a natural guardian to the illegitimate child, and that failure to pass
custody of such a child will be considered unlawful detention of the child under
Section 491 CrPC.

10. Noor Saba Khatoon v Md. Qasim

Facts - This case explicitly addresses the issue of child support for children born out
of a marriage after the man and woman divorce. Md. Qasim married Noor Saba and
they had three children together. The respondent divorced the appellant and
remarried another woman, leaving the appellant with her three children. Later, the
wife filed an application for maintenance for herself and her three children under
Section 125 CrPC, which was granted. The respondent divorced her and went to the
High Court, arguing that because he had divorced her, the Muslim Women
Protection Act of 1986 would apply, allowing him to stop supporting his wife and
children after two years.
Issue - If the children born of a Muslim marriage are entitled to maintenance under
the CrPC after the couple's divorce.
Held- According to the court, the child has the right to seek maintenance under
Section 125 of the Code of Criminal Procedure as well as the Muslim Woman
(Protection of Rights on Divorce) Act. The father is responsible for paying the son's
maintenance before he reaches the age of majority and is able to stabilize and
provide for himself. Furthermore, the father is responsible for his daughter's upkeep
before she marries.
 CONCLUSION

Based on legal opinion, we can easily infer that under Muslim law, marriage is
nothing more than a civil contract. It meets all of the contract's requirements,
including proposal and approval, free consent, and consideration. From a religious
standpoint, however, Muslim marriage is a devotional act. There are religious and
moral beliefs about marriage. It contains elements of a holy marriage of two souls
for spiritual purposes, in addition to its secular component. Husbands and wives are
commanded to love and respect each other in the Quran and Hadith.

It has been described as a noble act to enjoy oneself and shower one another with
love and affection. Marriage is considered a sacrament in Islam, according to
Quranic injunctions and customs. In the end, it is possible to say that marriage in
Islam is neither solely a civil contract nor a sacrament.