In Islam, marriage is a civil contract, not a sacrament. It is called Nikah, and it is governed by Muslim Personal Law (Shariat). Unlike Hindu marriage (considered sacred), Muslim marriage is a legal agreement between a man and a woman to live together as husband and wife.
🔹 Essentials of a Valid Muslim Marriage (Nikah)
- Proposal and Acceptance (Ijab-o-Qubool)
One party makes an offer and the other accepts it in the presence of witnesses. - Free Consent
Both parties must enter the marriage freely and without force or fraud. - Competent Parties
- Both must be Muslims.
- Both must be of sound mind and attain puberty.
- No existing marriage if it’s not allowed (e.g., polyandry is prohibited).
- Mehr (Dower)
A mandatory payment by the husband to the wife, either in cash or kind, agreed upon during Nikah. - Witnesses
- Two male or one male and two female adult Muslim witnesses are required.
🔹 Legal Status of Muslim Marriage in India
Muslim marriages in India are governed by:
- The Muslim Personal Law (Shariat) Application Act, 1937
- The Dissolution of Muslim Marriages Act, 1939
Unlike the Hindu Marriage Act or Special Marriage Act, Muslim marriage does not require registration under civil law (though it is advised for legal security).
🔹 Types of Muslim Marriages
- Valid (Sahih) Marriage – Meets all legal and religious requirements
- Irregular (Fasid) Marriage – Lacks some requirements, like absence of witnesses
- Void (Batil) Marriage – Invalid from the beginning, like marrying a blood relative
🔹 Rights and Duties in a Muslim Marriage
Husband’s Duties:
- Pay Mehr to the wife
- Provide maintenance and protection
- Respect and support the wife
Wife’s Rights:
- Receive Mehr
- Claim maintenance (Nafaqah)
- Seek divorce under certain conditions (like cruelty, abandonment, impotency)
🔹 Divorce under Muslim Law
Divorce can be initiated by:
- Husband – through Talaq (oral/written)
- Wife – through Khula (consensual separation) or court under Dissolution of Muslim Marriages Act, 1939
- Mutual Consent – called Mubarat
- Judicial Divorce – through a Qazi or family court
🔹 Recent Legal Developments
- The Triple Talaq (Talaq-e-Biddat) was declared unconstitutional in 2017 by the Supreme Court of India and criminalized under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Muslim women now have better legal remedies and protection from arbitrary divorce.
🔹 Conclusion
Muslim marriage in India is a civil contract with religious sanctity and legal backing. It provides rights and responsibilities to both partners. While rooted in Islamic law, the Indian judiciary has played an important role in ensuring fairness and justice, especially for Muslim women.
