Marriage:

Marriage is a legally and socially recognized union between individuals that establishes
rights and obligations between them. It is a formal commitment, typically marked by a
ceremony, that creates a family unit and defines relationships with society. The nature, rules,
and requirements of marriage vary widely across cultures, legal systems, and religions.
Common purposes of marriage include companionship, emotional support, procreation, and
economic cooperation.

Marriage in Accordance with Muslim Personal Law (Shariah):

In Islamic law, marriage (nikah) is a solemn contract between a man and a woman. It is not
just a social institution but also a religious duty and a moral safeguard. The primary purpose
is to promote mutual love, affection, companionship, and the legitimate establishment of a
family.

An institution ordained for the protection of society and in order that human beings guard
themselves from the foulness and unchastely

Aspects of marriage:
 In legal aspect it is a civil contract.
 In social aspect it is to acknowledge the legitimacy of a relationship between man and
woman and children.
 In religious aspect it is the completion of Sunnah- Nikkah

Objectives:
 Preservation of human race
 Avoidance from foulness and immortality.
 Legalization of children
 Legalization of sexual intercourse
 Preservation of domestic lifestyle

OBJECTIVES:
The objectives of Nikah (Islamic marriage) are rooted in both spiritual and social values,
aiming to establish a healthy, balanced, and harmonious relationship between the spouses.
The key objectives include:

1. Fulfillment of Religious Duty:

Nikah is considered a sacred act of worship (ibadah) in Islam, fulfilling the Sunnah
(tradition) of the Prophet Muhammad (PBUH). It is encouraged as a means of obeying God’s
commands and fulfilling one’s religious and moral obligations.

 Hadith: The Prophet (PBUH) said:

 “Marriage is my Sunnah. Whoever turns away from it is not of me.” (Sahih al-
Bukhari, 5063)

 Qur’an:

 “And marry those among you who are single and the righteous among your male
slaves and female slaves. If they are poor, Allah will enrich them out of His Bounty.
And Allah is All-Sufficient for His creatures’ needs, All-Knowing.” (Surah An-Nur
24:32)

2. Protection of Modesty and Morality:

Nikah serves as a lawful means for a man and a woman to have an intimate relationship. It
prevents immoral acts like fornication (zina) by providing a legitimate and religiously
approved way for sexual relations, safeguarding individual and societal modesty and
morality.

 Qur’an:

 “And those who guard their chastity (private parts, from illegal sexual acts), except
with their wives or (the slaves) that their right hands possess, – for then, they are free
from blame.” (Surah Al-Mu’minun 23:5-6)

 Hadith: The Prophet (PBUH) said:

 “O young people! Whoever among you is able to marry, should marry, because it
helps him lower his gaze and guard his modesty.” (Sahih al-Bukhari, 5066)

3. Companionship and Emotional Support:

Marriage provides both spouses with companionship, comfort, and emotional support. Islam
encourages a strong partnership built on love, respect, and mutual understanding, where both
parties can find peace and tranquility in each other (sakinah).

 Qur’an:
  “And among His signs is that He created for you spouses from among yourselves so
that you may find tranquility in them, and He placed between you affection and
mercy.” (Surah Ar-Rum 30:21)

 Hadith:

 The Prophet (PBUH) said: “The best of you are those who are best to their families,
and I am the best among you to my family.” (Sunan al-Tirmidhi, 3895)

4. Procreation and Continuation of Human Life:

One of the primary objectives of marriage in Islam is the continuation of the human race.
Through nikah, children are born into a stable, legitimate family, and parents are entrusted
with raising them in a nurturing, Islamic environment that upholds moral and religious
values.

 Qur’an:

 “And Allah has made for you from your homes a place of rest, and made for you from
your wives and children, compassion and mercy.” (Surah An-Nahl 16:72)

 Hadith:

 The Prophet (PBUH) said: “Marry those who are loving and fertile, for I will boast of
your great numbers before the other nations on the Day of Judgement.” (Sunan Ibn
Majah, 1845)

5. Mutual Rights and Responsibilities:

Nikah establishes clear rights and responsibilities between the spouses, promoting fairness
and justice within the family. The husband is expected to provide for and protect his wife,
while the wife is responsible for maintaining the household and supporting her husband.
Islam promotes mutual respect, love, and shared responsibilities in the relationship.

 Qur’an:

 “And they (women) have rights (over their husbands as regards living expenses, etc.)
similar to those (of their husbands) over them to what is reasonable, but men have a
degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.” (Surah Al-
Baqarah 2:228)

 Hadith:

 The Prophet (PBUH) said: “The best of you are those who are the best to their wives.”
(Sunan Ibn Majah, 1977)

6. Strengthening Family and Society:

Marriage creates a stable family unit, which is the foundation of society. By fulfilling the
rights and obligations of marriage, the family is strengthened, which in turn contributes to a
healthier, more cohesive community. Islam places great importance on the family as a source
of guidance, emotional support, and social stability.

 Qur’an:

 “O you who have believed, protect yourselves and your families from a Fire whose
fuel is people and stones.” (Surah At-Tahrim 66:6)

 Hadith:

 The Prophet (PBUH) said: “Each of you is a shepherd and is responsible for his flock.
The leader of people is a guardian and is responsible for his subjects; a man is the
guardian of his family and is responsible for them; a woman is the guardian of her
husband's home and of his children and is responsible for them.” (Sahih al-Bukhari,
893)

7. Fulfilling Emotional and Physical Needs:

Islam recognizes human emotional and physical needs, and nikah provides a lawful way for
spouses to fulfill these needs. By ensuring both emotional and physical well-being, marriage
contributes to the overall happiness and well-being of individuals.

 Qur’an:

 “It is made lawful for you to go in unto your wives on the night of the fast. They are
clothing for you and you are clothing for them.” (Surah Al-Baqarah 2:187)

 Hadith:

 The Prophet (PBUH) said: “In the sexual act of each of you, there is a charity.” The
Companions asked: “O Messenger of Allah, when one of us fulfills his sexual desire,
will he have some reward for that?” He said: “Do you not see that if he were to act
upon it unlawfully, he would be deserving of punishment? Likewise, if he acts upon it
lawfully, he will be deserving of a reward.” (Sahih Muslim, 1006)

8. Spiritual Growth:

Through marriage, spouses are encouraged to grow spiritually by supporting each other in
following Islamic principles, performing good deeds, and worshiping together. The
relationship should be one of mutual encouragement toward righteousness and the pleasure
of Allah.

 Qur’an:
  “Help one another in righteousness and piety, but do not help one another in sin and
transgression. And fear Allah; indeed, Allah is severe in penalty.” (Surah Al-Ma’idah
5:2)

 Hadith:

 The Prophet (PBUH) said: “When a husband and wife look at each other with love,
Allah looks at both of them with mercy.” (Sahih al-Bukhari, 6065)
Essentials of marriage:
The essentials of Nikah (Islamic marriage) are key elements that must be fulfilled for a
marriage to be valid under Islamic law. These include the offer (Ijab), acceptance
(Qabool), consent of both parties, dower (Haq Mehr), witnesses, and the competency of
parties. Below is an explanation of each with the relevant Qur'anic verses and Hadith:

1. Offer (Ijab) and Acceptance (Qabool)

Ijab is the proposal of marriage, and Qabool is the acceptance of that proposal. These must
be clear and made in the same session by both parties or their representatives for the
marriage to be valid.

 Qur'an:
o “And when you have divorced women and they have fulfilled the term of their
prescribed period, either retain them in kindness or release them in kindness.
But do not retain them to harm them or to transgress. And whoever does that
has wronged himself.” (Surah Al-Baqarah 2:231)

While this verse discusses divorce, it highlights the importance of mutual agreement
and fairness in the marital relationship, which starts with Ijab and Qabool.

 Hadith:
o The Prophet (PBUH) said: "There is no marriage without the consent of the
guardian and two trustworthy witnesses." (Sunan al-Tirmidhi, 1101)

2. Consent of Both Parties

Marriage in Islam is a contract that requires the free and willing consent of both the bride
and the groom. Forced marriages are invalid under Islamic law.

 Qur'an:
o “Do not prevent them from marrying their husbands when they agree between
themselves in a lawful manner.” (Surah Al-Baqarah 2:232)
 Hadith:
o The Prophet (PBUH) said: “A previously married woman should not be married
until her consent has been asked, and a virgin should not be married until her
consent has been sought.” The people asked, “O Allah's Apostle! How will she
(the virgin) express her consent?” He said, “By keeping silent.” (Sahih al-
Bukhari, 5136)

3. Dower (Haq Mehr)

The dower or mahr is a mandatory gift that the groom gives to the bride at the time of
marriage. This can be either prompt (given immediately) or deferred (to be paid at a later
date).

 Qur'an:
 o “And give the women [upon marriage] their [bridal] gifts graciously. But if they
give up willingly to you anything of it, then take it in satisfaction and ease.”
(Surah An-Nisa 4:4)
 Hadith:
o The Prophet (PBUH) said: “Search for something, even if it is a ring made of
iron.” This statement was made when a man sought to marry a woman but had
little to give as mahr. (Sahih al-Bukhari, 5121)

4. Witnesses (Shahada)

For a Nikah to be valid, there must be at least two male witnesses or one male and two
female witnesses. Witnesses ensure that the marriage contract is conducted in public and
with transparency.

 Qur'an:
o “And bring to witness two just men from among you.” (Surah At-Talaq 65:2)
 Hadith:
o The Prophet (PBUH) said: “There is no marriage except with a guardian and
two trustworthy witnesses.” (Sunan Ibn Majah, 1880)

5. Competency of Parties

Both parties (the bride and the groom) must be competent for marriage. This includes being
of sound mind, being of the age of maturity, and not being prohibited to each other due to
blood relation, fosterage, or other legal barriers (like already being married without the
capacity for another marriage).

 Qur'an:
o “And marry those among you who are single and the righteous among your
male and female slaves. If they are poor, Allah will enrich them out of His
bounty.” (Surah An-Nur 24:32)
 Hadith:
o The Prophet (PBUH) said: “Do not marry women who are their mothers, or
their daughters, or their sisters, or their paternal or maternal aunts, or their
brothers' daughters or their sisters' daughters.” (Sahih Muslim, 1446)

6. Guardian (Wali)

In the case of a woman, particularly if she is a virgin, a wali (guardian) is required to

approve the marriage. This is usually the father or another close male relative. The guardian's
role is to ensure that the marriage is in the best interest of the woman.

 Qur'an:
o “And do not marry polytheistic women until they believe... And do not marry
polytheists [to your women] until they believe.” (Surah Al-Baqarah 2:221)
 Hadith:
o The Prophet (PBUH) said: “A woman may not give herself in marriage. The
one who gives herself in marriage is an adulteress.” (Sunan Ibn Majah, 1882)
7. Competency of Parties
Competency of Parties refers to the eligibility and capacity of both the bride and the groom
to enter into a valid marriage contract. For a Nikah to be considered valid under Islamic law,
both parties must meet certain criteria ensuring that they are fully capable of understanding
and fulfilling the obligations of marriage. The key aspects of competency include:

1. Age of Maturity (Puberty)

o Explanation: Both individuals should have reached the age of maturity,
typically marked by puberty. This ensures that they are physically and
emotionally prepared for the responsibilities of marriage.
2. Sound Mind (Sanity)
o Explanation: Both parties must possess a sound mind, meaning they have the
mental capacity to comprehend the nature of the marriage contract and its
responsibilities. Individuals with severe mental impairments may not be
considered competent to consent.
3. Freedom from Prohibitions (Mahram)
o Explanation: The individuals must not be related in ways that Islam prohibits
marriage (e.g., immediate blood relatives, certain foster relationships). Marrying
within these prohibited degrees is not allowed.
4. Freedom to Marry
o Explanation: Both parties should be free to enter into the marriage without any
legal impediments, such as already being married (unless under specific
conditions like polygamy, which has its own set of rules).

Qur’anic References

1. Surah An-Nur (24:32)

o “And marry those among you who are single and the righteous among your
male and female slaves. If they are poor, Allah will enrich them out of His
bounty. And Allah is All-Sufficient for His creatures’ needs, All-Knowing.”
o Explanation: This verse encourages eligible and righteous individuals to marry,
emphasizing the importance of eligibility (competency) in marriage.

2. Surah An-Nisa (4:22)

o “And do not marry those [women] whom your fathers married, except what has
already occurred. Indeed, it was an immorality and hateful [to Allah] and was
evil as a way.”
o Explanation: This verse outlines specific prohibitions regarding whom one
cannot marry, highlighting the importance of lawful and permissible
relationships as a facet of competency.

3. Surah Al-Baqarah (2:221)

o “And do not marry polytheistic women until they believe... And do not marry
polytheists [to your women] until they believe.”
 o Explanation: This verse sets criteria for marriage based on faith, which is
another aspect of competency in ensuring a harmonious and compatible marital
relationship.

Hadith References

1. Sahih Muslim (Hadith 1446)

o “Do not marry women who are their mothers, or their daughters, or their sisters,
or their paternal or maternal aunts, or their brothers' daughters or their sisters'
daughters.”
o Explanation: The Prophet Muhammad (PBUH) clearly delineates prohibited
relationships, ensuring that marriages occur within lawful and permissible
boundaries, thereby maintaining competency.

2. Sahih al-Bukhari (Hadith 5136)

o “A previously married woman should not be married until her consent has been
asked, and a virgin should not be married until her consent has been sought.”
The people asked, “O Allah's Apostle! How will she (the virgin) express her
consent?” He said, “By keeping silent.”
o Explanation: This Hadith emphasizes the importance of consent, which is
intrinsically linked to competency. Only those who can freely and knowingly
consent are considered competent to marry.

3. Sunan Ibn Majah (Hadith 1880)

o “There is no marriage except with a guardian and two trustworthy witnesses.”
o Explanation: While this Hadith primarily focuses on the necessity of a
guardian and witnesses, it indirectly underscores the importance of ensuring that
the parties involved are competent and that the marriage is conducted properly.

Additional Considerations

 Mental and Emotional Readiness: Beyond legal and physical competency, both
parties should be emotionally prepared to undertake the commitments of marriage.
 Legal Age Requirements: While Islamic law sets the general criteria for maturity,
different countries may have specific legal age requirements that must also be adhered
to.
 Capacity to Fulfill Marital Obligations: Both parties should have the capacity to
fulfill their respective rights and responsibilities within the marriage, such as financial
support, emotional support, and mutual respect.

Valid age of marriage:

 Sunni school of thought : Female: 9 years , Male: 12 years
 Shia school of thought : Female: 9 years , Male: 15 years
 Pakistani law: Female: 18/16 years , Male: 18 years

If no document is to be found to determine the exact age they should at least be considered
over 15 years old
Types of marriages:
In Islamic law, marriage (Nikah) is classified into different types based on its validity and
adherence to the rules of Sharia. These categories are important for understanding the legal
and religious status of the marriage. The three primary types of marriages are Sahih (valid
or regular marriage), Fasid (irregular marriage), and Batil (void or haram marriage).

1. Regular (Valid) Marriage – Sahih

Sahih marriage refers to a valid and lawful marriage that fulfills all the necessary conditions
and essentials of Nikah. These include:

 Ijab (offer) and Qabool (acceptance).

 Consent of both parties.
 Presence of witnesses.
 Haq Mehr (dower) is agreed upon.
 The couple is free from any legal impediments like blood relations or fosterage
(Rada’a).
 Qur'an:
o “And marry those among you who are single and the righteous among your
male and female slaves. If they are poor, Allah will enrich them out of His
bounty.” (Surah An-Nur 24:32)

This verse highlights the permissibility and encouragement of lawful (Sahih)

marriages.

 Hadith:
o The Prophet (PBUH) said: “Marriage is part of my Sunnah, and whoever does
not follow my Sunnah has nothing to do with me. Get married, for I will boast
of your great numbers before the nations on the Day of Resurrection.” (Ibn
Majah, 1845)

Examples of Sahih Marriage:

 A Muslim man marrying a Muslim, Christian, or Jewish woman in a lawful manner

with mutual consent.
 A marriage that meets all the Sharia conditions.

2. Irregular (Fasid) Marriage

Fasid marriage refers to a marriage that is irregular or defective due to the omission of
certain conditions required for a valid marriage, but it is not inherently void. If the issue
causing the irregularity is rectified, the marriage becomes valid. A Fasid marriage differs
from a Batil (void) marriage because it can be rectified under certain circumstances.

 Qur'an:
 o “And if you fear that you will not be just with the orphans, then marry those that
please you of [other] women, two or three or four. But if you fear that you will
not be just, then [marry only] one...” (Surah An-Nisa 4:3)

This verse indicates that marriages must follow the proper rules of fairness and justice,
which, if neglected, can result in an irregular marriage.

Examples of Fasid Marriage:

 Marriage without witnesses (can be rectified by adding witnesses).

 A marriage with a deficient or incorrect dower (can be fixed by proper negotiation).
 Marrying someone during their iddat period, but rectifiable if done after the iddat is
completed.

3. Void (Batil) Marriage – Haram

Batil or haram marriage refers to a void and prohibited marriage that does not fulfill the
basic requirements of Nikah and cannot be legalized under any circumstances. Such
marriages are considered sinful and have no legal status in Islamic law. Batil marriages are
inherently invalid from the beginning.

 Qur'an:
o “Prohibited to you [for marriage] are your mothers, your daughters, your sisters,
your father’s sisters, your mother’s sisters, your brother’s daughters, your
sister’s daughters...” (Surah An-Nisa 4:23)

This verse outlines specific relationships where marriage is considered haram and
void.

 Hadith:
o The Prophet (PBUH) said: “Do not marry women whom their fathers married,
except what has already occurred. Indeed, it was an immorality and hateful [to
Allah] and was evil as a way.” (Sahih Muslim, 1408)

This Hadith underscores that certain marriages, like marrying a father's wife, are
completely forbidden and void.

Examples of Batil Marriage:

 Marrying someone who is a close blood relative (e.g., sister, aunt, daughter).
 Marrying a woman while she is still married to someone else.

Impediments:
Temporary:

 Polygamy – more than four

 Marriage during iddat
 Muslim woman can't marry a non muslim man
  Absence of a witness
 Two sister or blood related females cannot be married to the man at the same time
 Stepsisters can't also be married if the father is the same

Permanent:

 Polyandry for females

 Fosterage: relationship due to suckling of milk - the action of bringing up a child that
is not one's own by birth
 Consanguinity: Marriage between blood relations or mehram - the fact of
being descended from the same ancestor.

Temporary Prohibitions in Marriage (Situations where marriage is

prohibited but can become permissible later)
1. Polygamy – More Than Four Wives

 Explanation: In Islam, a man is permitted to marry up to four wives simultaneously,

but no more than that. Any marriage beyond four wives is invalid and prohibited.
 Qur'an:
o “Then marry those that please you of [other] women, two or three or four. But if
you fear that you will not be just, then [marry only] one...” (Surah An-Nisa 4:3)

 Explanation: This verse allows a man to marry up to four women but emphasizes
justice among them. Marrying more than four women is not permissible.

2. Marriage During Iddat (Waiting Period)

 Explanation: A woman who has recently been divorced or widowed must observe a
waiting period known as Iddat. During this period, she is not allowed to remarry. The
waiting period ensures clarity regarding paternity and allows the woman time for
emotional and physical recovery.

 Qur'an:
o “And divorced women shall wait [as regards their marriage] for three menstrual
periods...” (Surah Al-Baqarah 2:228)

 Explanation: This waiting period also applies to widows, where the duration is four
months and ten days (Surah Al-Baqarah 2:234).

3. Muslim Woman Cannot Marry a Non-Muslim Man

 Explanation: Islamic law prohibits a Muslim woman from marrying a non-Muslim

man. The reasoning is based on maintaining religious harmony within the family.
However, a Muslim man can marry a Christian or Jewish woman (People of the Book)
under specific conditions.
  Qur'an:
o “And do not marry polytheistic men [to your women] until they believe. And a
believing slave is better than a polytheist, even though he might please you.”
(Surah Al-Baqarah 2:221)

4. Absence of Witnesses

 Explanation: For a marriage contract to be valid, at least two male witnesses, or one
male and two female witnesses, must be present. Without witnesses, the marriage is
considered invalid.
 Hadith:
o The Prophet (PBUH) said: “There is no marriage except with a guardian and
two trustworthy witnesses.” (Sunan Ibn Majah, 1880)

5. Two Sisters or Blood-Related Females Cannot Be Married to the Same Man

Simultaneously

 Explanation: A man cannot marry two sisters at the same time, nor can he marry a
woman and another close blood-relative of hers (like her aunt or niece)
simultaneously. This prohibition aims to maintain family ties and avoid complications
in family relationships.
 Qur'an:
o “And [also prohibited to you are] two sisters simultaneously, except for what
has already occurred.” (Surah An-Nisa 4:23)

6. Stepsisters Cannot Be Married if They Share the Same Father

 Explanation: In Islam, a man is prohibited from being married to two stepsisters at

the same time if they share the same father, even though they might have different
mothers. This falls under the broader prohibition of marrying two women who are
closely related, like two biological sisters or other close blood relatives. The purpose
of this prohibition is to maintain family harmony and prevent complications in family
relationships.

Permanent Prohibitions in Marriage (Situations where marriage is

permanently prohibited)
1. Polyandry for Females (A Woman Having Multiple Husbands)

 Explanation: In Islam, polyandry—where a woman has multiple husbands at the

same time—is strictly prohibited. A woman can only be married to one man at a time.
 Qur'an:
o “And Allah has made for you from your homes a place of rest... and He has
made mates for you from among yourselves.” (Surah An-Nahl 16:72)

 Explanation: This verse highlights the creation of pairs (one husband and one wife) as
a natural order in Islam.
2. Fosterage (Due to Suckling)

 Explanation: Marriage is permanently prohibited between a man and a woman who

were breastfed by the same woman during infancy. This creates a bond known as
fosterage (Rada'a), making them like siblings in terms of marriage restrictions.
 Qur'an:
o “Prohibited to you [for marriage] are your mothers, your daughters, your sisters,
your paternal and maternal aunts, your brothers’ daughters and your sisters’
daughters, your [milk] mothers who nursed you, your sisters through nursing...”
(Surah An-Nisa 4:23)

 Hadith:
o The Prophet (PBUH) said: “Breastfeeding makes unlawful what is unlawful by
birth.” (Sahih al-Bukhari, 2645)

3. Consanguinity (Marriage Between Blood Relations or Mehram)

 Explanation: Consanguinity refers to marriage between close blood relatives. Islam

prohibits marriage between immediate family members, such as between a man and
his mother, sister, daughter, or aunt. These individuals are known as Mehram,
meaning they are permanently forbidden for marriage due to close blood ties.
 Qur'an:
o “Prohibited to you [for marriage] are your mothers, your daughters, your sisters,
your father’s sisters, your mother’s sisters, your brother’s daughters, your
sister’s daughters...” (Surah An-Nisa 4:23)

 Explanation: This verse clearly lists the relationships that are permanently forbidden
for marriage, ensuring the integrity and sanctity of family ties.
Temporary (Mut'a) Marriage – Accepted in the Shia Sect
Mut'a marriage, also known as temporary marriage, is a form of marriage that is
primarily accepted within the Shia sect of Islam, particularly the Twelver Shia. It is a
contract between a man and a woman for a specified period, with agreed-upon terms,
including a dower (Haq Mehr). Unlike a permanent marriage, the Mut'a contract specifies a
fixed duration after which the marriage ends, unless extended by mutual consent. This
practice is not accepted in the Sunni sect of Islam, which considers it prohibited (haram).

Key Features of Mut'a Marriage:

1. Time-Limited: Mut'a marriage is contracted for a specific period (ranging from hours
to years). Once the time ends, the marriage is automatically terminated.
2. Consent: Both parties must mutually agree on the terms of the marriage, including the
dower and the time duration.
3. Dower (Mehr): Like permanent marriage, a dower must be agreed upon, and it is
payable to the woman.
4. No Inheritance Rights: Unlike regular (permanent) marriage, there are no inheritance
rights between spouses in a Mut'a marriage unless it is explicitly stipulated in the
contract.
5. Waiting Period (Iddat): After the termination of a Mut'a marriage, the woman must
observe a waiting period (iddat) before entering another marriage, which is typically
two menstrual cycles.

Shia View on Mut'a Marriage:

The Shia sect, particularly the Twelver Shia, regard Mut'a marriage as permissible based on
their interpretation of the Qur'an and Hadith. They believe that the practice was initially
allowed by the Prophet Muhammad (PBUH) and that it was later banned by the second
Caliph, Umar ibn al-Khattab, which they do not accept as a valid prohibition.

 Qur'anic Basis:
o Shia scholars often cite this verse to justify Mut'a marriage:
 “And those of whom you seek content (by means of marriage), give them
their due compensation as an obligation...” (Surah An-Nisa 4:24)

Shia interpretations of this verse suggest that it refers to Mut'a marriage, where a man
seeks companionship or contentment for a limited period, with compensation (dower)
being paid to the woman.

 Hadith:
o Shia scholars argue that Mut'a was practiced during the Prophet's time and only
prohibited later by the second caliph, Umar. In the Shia Hadith collections, it is
recorded that the Prophet (PBUH) allowed Mut'a as a concession in difficult
circumstances (like during travel or wars).
Sunni View on Mut'a Marriage:

The Sunni sect of Islam considers Mut'a marriage to be haram (forbidden). Sunni scholars
believe that the practice of Mut'a was initially allowed but was later permanently abrogated
by the Prophet Muhammad (PBUH). The Sunni position is based on the following Hadith:

 Hadith:
o The Prophet (PBUH) said: “O people, I had allowed you to contract Mut'a
marriages with women, but Allah has now forbidden that until the Day of
Resurrection. So, if anyone has any of them, he should let her go, and do not
take anything of what you have given them.” (Sahih Muslim, 1406)

This Hadith is interpreted by Sunni scholars as clear evidence of the prohibition of Mut'a
marriage.

Criticism and Concerns:

 Shia Perspective: Proponents of Mut'a argue that it provides a legal and moral
alternative to illicit relationships, especially in situations where permanent marriage is
not feasible.
 Sunni Criticism: Sunni scholars argue that Mut'a marriage is akin to Zina (adultery)
because it lacks the permanence and commitment of a regular marriage. They
emphasize that it undermines the sanctity and purpose of marriage, which in Islam is
meant to be a lifelong union.
Difference of some aspects between sunni and shia school of thought
Sunni school Shia school
 2 witnesses are required  a witness is not a requirement for
 Muta marriage is void nikkah. However it is a requirement
 Irregular marriages are reconized with for divorce
certain legal effect.  Muta marriage is accepted
 Irregular marriage are considered void
Child marriage:
Child marriage restraint act 1929:

1. Short Title, Extent, and Commencement:

o Known as The Child Marriage Restraint Act, 1929.
o Applies to the whole of Punjab and Pakistani citizens wherever they may be.
o Came into effect on April 1, 1930.
2. Definitions:
o Child: A male under 18 years of age and a female under 16 years of age.
o Child Marriage: A marriage where either party is a child.
o Minor: A person under 18 years of age.
o Government: Refers to the Punjab Government.
3. Punishment for Marrying a Child:
o Any person (not a minor) who marries a child can face up to six months of
imprisonment and a fine of fifty thousand rupees.
4. Punishment for Solemnizing a Child Marriage:
o Anyone conducting, performing, or directing a child marriage faces the same
penalty (up to six months imprisonment and a fine of fifty thousand rupees),
unless they prove ignorance of the child’s age.
5. Punishment for Parent or Guardian Involved in a Child Marriage:
o Any parent or guardian promoting or allowing a child marriage is subject to the
same penalty.
o Women are exempted from imprisonment but may be fined.
o It is presumed that if a child marriage occurs, the parent/guardian has
negligently failed to prevent it unless proven otherwise.
6. No Imprisonment for Offences under Section 3:
o A court cannot impose imprisonment as punishment under section 3, and fines
must be paid instead.
7. Jurisdiction:
o Only a Magistrate of the first class can take cognizance of or try any offence
under this Act.
8. Cognizance of Offence and Trial:
o Family Courts can only take cognizance of an offence under this Act based on a
complaint from the Union Council.
o Family Courts act as Judicial Magistrates for these offences.
9. Preliminary Inquiries:
o The court can conduct inquiries into offences under this Act either directly or
through a subordinate Magistrate of the first class.
[Link] to Prohibit Child Marriage:
o Courts can issue injunctions to prevent a child marriage from taking place.
o If an injunction is violated, the offender may face up to three months of
imprisonment or a fine of up to one thousand rupees.

Key Amendments and Changes:

  The Act was adapted for the province of Punjab through amendments made by the
Punjab Child Marriage Restraint (Amendment) Act, 2015.
 The punishment for child marriages was significantly increased by this amendment.

This Act seeks to restrain and prevent child marriages by imposing penalties on those
involved, including the parties, solemnizers, and guardians.

How can child marriage happen:

Child marriage can happen through various circumstances despite legal restrictions. Here's
an outline of how it can occur:

1. Arranged by Parents or Guardians

 Parental Decision: In many cases, child marriages are arranged by parents or

guardians, who believe they are acting in the child’s best interests, often to strengthen
family ties, settle debts, or secure economic or social benefits.
 Cultural Norms: In some cultures, early marriage is seen as a way to protect the girl’s
honor or ensure her future.

2. Coerced or Forced Marriages

 Pressure from Family: Children, particularly girls, can be coerced or forced into
marriage by family members. This can be due to financial hardship, perceived social
benefits, or to prevent relationships that are disapproved of by the family.
 Fear of Stigma: Families may arrange early marriages to avoid the stigma associated
with unwed daughters, often fearing dishonor or shame in the community.

3. Marriage as a Solution to Poverty

 Financial Hardship: In situations of extreme poverty, families may marry off their
children early to reduce financial burdens or in exchange for dowries, which provides
the family with financial benefits.

4. Traditional or Religious Practices

 Community Customs: In some regions, traditional or religious practices allow child

marriages as a culturally accepted norm. Religious interpretations or
misinterpretations can sometimes be used to justify child marriages.

5. Lack of Legal Enforcement

 Inadequate Law Enforcement: Even in countries where child marriage is illegal,

lack of effective law enforcement, corrupt practices, or loopholes in the legal system
can allow child marriages to occur.

6. Secret or Informal Marriages

  Avoidance of Legal Systems: Some families might conduct child marriages in secret
to avoid legal repercussions. This often happens in rural or remote areas where access
to legal institutions is limited.
 Unregistered Marriages: Some child marriages take place without official
registration or are performed through informal religious ceremonies, making them
harder to detect and prosecute.

7. Marrying Off to Settle Debts or Disputes

 Debt Settlement: In some cases, child marriage is used as a means to settle debts or
disputes between families, often at the expense of the child’s welfare.

8. Trafficking and Exploitation

 Child Trafficking: In more extreme cases, child marriage can be linked to human
trafficking, where girls are married off to much older men as a form of exploitation.

Who is a guardian ?
Father is the natural guardian. After him comes:

 Maternal grandfather
 Brother
 Any adult blood related male from father' side of the family
 Mother
Annulment:
Child marriage can be annulled through legal procedures, depending on the laws of the
country. Here's how the annulment process typically works:

1. Legal Provisions for Annulment

 Many countries with laws against child marriage provide a legal pathway for
annulment, allowing a child marriage to be declared void or invalid.
 In countries like Pakistan, under the Child Marriage Restraint Act, 1929, the
marriage of a minor can be declared void if it is proven that the marriage violated the
age restrictions.

2. Filing for Annulment

 Petition by the Child: Either the child (after reaching the age of majority) or their
legal guardian can file a petition in court seeking an annulment of the marriage.
 Family Courts: In most legal systems, family courts handle the annulment process.
The child, or their legal representative, must prove that the marriage was conducted
when one or both parties were underage.

3. Grounds for Annulment

 Underage Marriage: If one or both parties were under the legal age of marriage at the
time of the marriage, this can be grounds for annulment.
 Lack of Consent: If the child was forced or coerced into the marriage without their
consent, this may also be grounds for annulment.
 Fraud or Misrepresentation: If the marriage was based on false information, such as
misrepresenting the child's age, it can be annulled.
 Violation of Legal Provisions: If any legal provisions related to marriage were
violated (e.g., lack of witnesses, failure to register the marriage), the marriage can be
declared void.
 Guardian Marries for Personal Benefit: If it is proven that the guardian arranged
the marriage solely for their own personal benefit—such as financial gain, settling
debts, or securing social status—without considering the child’s welfare, this can be a
valid ground for annulment. This form of exploitation violates the child’s rights and
the marriage may be deemed invalid.
 Marriage to a Lunatic or Mentally Incapacitated Person: If the child is married to
a person who is a lunatic or mentally incapacitated at the time of marriage, without
proper disclosure, this can be grounds for annulment. Such a marriage would not meet
the requirements for mutual consent and understanding, making it legally voidable.

4. Time Limit for Filing

 Many jurisdictions place a time limit on when an annulment can be requested. In some
cases, the petition must be filed before or shortly after the child reaches the age of
majority (18 years).
5. Court Procedure

 Hearing: A court will conduct a hearing to assess whether the conditions of the
marriage were unlawful or invalid.
 Evidence: Proof such as birth certificates or witness testimonies may be required to
establish the age of the parties and the conditions of the marriage.
 Legal Representation: The child or their legal guardian may need a lawyer to
represent them during the annulment process.

6. Legal Outcomes

 Null and Void: Once the court grants the annulment, the marriage is considered null
and void as if it never happened.
 Restoration of Rights: The child’s legal rights, such as inheritance and legal status,
will be restored as if they were never married.
 Dissolution of Financial and Custodial Obligations: Any financial obligations or
custody arrangements arising from the marriage are dissolved, and if applicable, the
court will make decisions regarding the welfare of any children involved.

7. Social and Support Measures

 Counseling and Support: After annulment, the child may need psychological or
social support to deal with the trauma and impact of early marriage.
 Government and NGO Support: In some countries, governments and non-
governmental organizations (NGOs) provide assistance to children in annulled
marriages, helping them return to school or providing legal and financial aid.

Rights to repudiate child marriage:

 if the child was married by a guardian who is not the father
 the marriage must have been performed during the minority
 marriage has not been consummated
 the marriage can be repudiated between the age of 16-18
Pakistani Law on Repudiation:

 Repudiation Rights: Under Pakistani law, particularly the Child Marriage Restraint
Act 1929 and other relevant provisions, a marriage contracted by a minor can be
repudiated. If the marriage is not consummated, the minor has the right to repudiate
the marriage between the ages of 16 and 18.
 Guardian's Role: If the marriage was performed by a guardian other than the father,
the minor still retains the right to repudiate the marriage, provided it meets the
conditions specified (i.e., the marriage was performed during the minority, has not
been consummated, and the repudiation occurs within the stipulated age range).
Case law:
[Link] v Surraya Begum (PLD 1970 Lah 475)