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SR.NO TOPICS PAGE NO.
1 ABSTRACT&BACKGROUND 3-4
OF MUSLIM MARRIAGE
2 INTRODUCTION OF 5-6
MUSLIM MARRIAGE ACT
3 ESSENTIAL & TYPES OF 6-10
MUSLIM MARRIAGE
4 DOWER & TYPES OF 10-14
DOWER
5 CONCLUSION 15
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ABSTRACT
The subject is marriage in Islam: the history, the significance of religious tenets,
and the legal models governing it in Islamic law. In fact, it follows the course of
marks before and after the coming of Islam, as the rights of in wedlock evolved
with society. The paper exhaustively analyses the Nikah(permanent marriage)
and then moves on to diverse forms of Muslim marriage such as
Muta(temporary marriage), Misyar, Urfi, and polygamy, all the while showing
that these differ according to the given culture and site of jurisdiction. One of
the most prominent aspects is concerned with dower (Mahr), which is
considered to be an important part of a woman on the road to financial
independence. The paper talks about the different types of dower: prompt,
deferred, and fixed, and how they apply within both Sunni and Shia traditions.
He further analyses the responsibilities and rights bestowed upon both parties in
a Muslim marriage, including consent, legal capacity, and mutual duties.
Finally, there are continued legal reforms so that protection of women would be
guaranteed along with gender equality in Muslim marriage laws and an
approach just and equal by modern standards.
BACKGROUND
The institution of Muslim marriage continues to exist because it developed for
centuries within the fundamental cultural and historical framework of past
generations. Politics under Islamic law considers marriage to be its most revered
institution within human relationships and usually includes religious beliefs.
Traditional approaches to Muslim marriages have existed through generations to
maintain marital bonds and hence create the modern-day barriers to Muslim
marriages.
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Before the advent of Islam Arab women endured extensive limitations of their
rights while male authority dominated their lives. Child marriages alongside
unrestricted polygastric behavior were prevalent before Islam yet marriage was
permitted by distant relatives while prohibited for mothers and sisters. Female
involvement held no power in the divorce process where men maintained
exclusive authority to end marriages. The rights to inherit property as well as
own property belonged exclusively to men who treated their female relatives as
property that belonged to them.
Through the teachings of Prophet Muhammad Islam created profound reforms
to establish better rights and status for women. Female equality became central
in Islamic law since many rights held equal weight with men across various
legal and civil matters. Sharia law defines marriage as a legal agreement
between people which protects marital rights of women by respecting their
individual identity. The matrimonial agreement establishes consent between
partners and deals with childbearing matters while delivering security and
respect for their marriage relationship. The legal term Nikah defines the joining
of sexes through which relationships become established and social harmony is
maintained. aspect of Mahr (dower) stands as a necessary payment from
husbands to wives while demonstrating their acknowledgement of her rights.
Society and individual satisfaction are essential pillars of Islamic law because it
emphasizes marriage as its core social framework. Islam sets no limits on
celibacy since it considers marriage to be the foundation of a strong society yet
rejects the Catholic religious tradition of clergy remaining celibate. Through
Islamic reforms marriage gained higher significance which alongside preserved
gender equality as a central framework of this institution. Through these
modifications Islam delivered a drastic shift in previous methods which
solidified marriage as key to social unity and fostered equal rights for men and
women when building marital ties.
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INTRODUCTION
Among Islamic doctrines *Nikah functions as both a religious and civil
institution which defines marriage. The institution of marriage by Muslim law
satisfies basic human requirements of sexual satisfaction together with stable
relationship commitments that sustain societal existence. All members of
society including religious leaders can marry according to Islamic principles
since marriage serves to maintain proper social duties and protect moral
foundations and avoid societal decline. According to Islamic doctrine marriage
remains essential because religious traditions which allow practices of celibacy
are not accepted in Islam.
The foundation of Islamic marriage requires that both spouses choose to marry
each other without force. The couple enters matrimony because they choose
each other voluntarily in an atmosphere of shared respect for one another.
Consent as a marital requirement safeguards both marital stability and its
holiness. The marriage requirement includes the need for witnesses to attend the
marriage ceremony. Witnesses fulfill multiple roles in Islamic marriage settings
because they help confirm contracts maintain the rights of both parties
particularly the wife and eliminate disagreements about marital legitimacy.
Islamic law demands that marriage be established between persons with legal
capacity and without forbidden relations and through proper contracts.
Within the context of Islamic marriage the fulfillment of emotional and sexual
needs meets ethical standards as long as it remains within marital boundaries.
Wedlock creates a proper basis for childbearing and childcare through which
children can prosper under a solid familial environment.The parties' legal
capacity stands as a major point in Islamic marriage law. Sunni and Shia
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Muslim schools share restrictions regarding marriages with close relatives
compared to their unique acceptance of Muta temporary marriages which Sunni
Muslims reject. The two traditions differ in certain aspects yet both work toward
establishing unions which fulfill both Islamic law requirements and uphold
moral principles.
The Islamic marital relationship extends exclusive duties between spouses
which they must fulfill towards each other. The husband maintains legal
responsibility to support his family by providing for his wife and children and at
the same time the wife automatically receives Mahr (dower) as a mandatory
payment that protects her financial security and dignity. The marital obligations
which include inheritance and family responsibilities demonstrate the ethical
and social foundations of marriage in Islam.
The spiritual purpose of Islamic marriage combines love between spouses and
social connection through ethical governance to achieve personal intimacy. The
holy institution establishes an equilibrium between personal freedoms and
communal duties thereby strengthening social order with moral integrity.
ESSENTIALS OF MUSLIM MARRIAGE
The very fundamentals of a valid Muslim marriage or Nikah are the essentials
for any legitimate Muslim marriage. The purpose of these essentials is to secure
rights and obligations in the marriage which may be claimed or exercised by
either party.
The acceptance and proposal (Ijab and Qubul) are of utmost importance. These
two important steps will be accepted under Sharia Law as follows. The proposal
is made from one side and is accepted at that meeting from the other side. If
there is a proposal in one sitting and acceptance in another, that proposal is
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invalid. So this condition emphasizes immediacy and mutual consent as the
main features in concluding a valid Muslim marriage.
Competency of Parties: - The Muslim marriage will be valid only when both
parties fulfill certain competency requirements that are as follows :-
1. Majority (Age of Puberty):-
Both parties must have reached puberty, which is likely to occur around the
age of say 15, although it may vary. If either party is a minor, the consent of a
legal guardian is required. The hierarchy of guardianship typically includes
father, paternal grandfather, brother, paternal uncle, or another male relative in
order of succession. In the absence of a right/eligible guardian, a Qazi (Islamic
judge) or government will take on this role.
However, as per the jurisprudential dictum of Khaledur Rahman vs. State of
Kerala (2023), Muslim marriages under personal law do not carry a blanket
immunity vis-à-vis the provisions of the Protection of Children from Sexual
Offences Act, 2012 (POCSO Act). If either party happens to be a minor under
eighteen, POCSO will prevail, irrespective of the marriage's validity according
to Islamic law.
2. Sound Mind:-
Ideal state of mind for both parties must be present at the time of marrying. If
one of the parties or both suffer from mental disorder, the marriage contract is to
be entered during the lucid period of awareness of their action. Individuals
suffering from permanent mental incapacity (i.e. idiots) cannot marry legally;
however, those who suffer from temporary mental illness (i.e. lunatics) may
marry at the time of sanity.
3. Muslim Identity:-
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Both parties must be Muslims, but inter-sect marriages (like Sunni-Shia) are
permissible between the spouses who should ideally share a standing social
position within their communities. A Muslim man is allowed to marry women
from Ahl al-Kitab (people of the Book), like Christians, Jews, and according to
some, Sabians. These people have defined their tradition from Abraham. A
Muslim woman, however, is generally prohibited from marrying a non-Muslim
man regardless of any faith because they presume that she will become apostate
and not raise her children Islamically. Muslims also can't marry polytheists or
idolaters.
4. Free Consent:-
The union between both parties must voluntary, mutual, free from all coercion
and deceptions done, tamed, or misrepresented. Marriage contracted under
force, coercion, or deception is invalid in Islamic law. Free and informed
consent is an essential requisite to the legitimacy and validity of the marriage
bond.
These criteria ensure that marriages are conducted according to Islamic
principles for the rights and responsibilities of both parties involved.
Types of Muslim Marriage: A Legal and Cultural Perspective
In Islam, marriage is seen as both a sacred institution and a legal agreement that
defines the responsibilities and rights of spouses. Various forms of marriage
exist within Islamic traditions, influenced by legal interpretations and cultural
practices. This paper examines the different types of Muslim marriages,
emphasizing their religious importance, societal functions, and legal
consequences.
Nikah (Permanent Marriage)
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Nikah is the most common and widely accepted type of marriage in Islam. It
represents a legally binding contract between a man and a woman that requires
mutual consent, the offering of Mahr (a required gift from the groom to the
bride), and the presence of witnesses. The goal of Nikah is to create a lifelong
partnership rooted in mutual love, respect, and shared responsibilities. Islamic
teachings stress that Nikah is crucial for maintaining social order and fulfilling
religious obligations, thereby ensuring the welfare of both individuals and their
families.
Muta Marriage (Temporary Marriage)
Muta marriage is a contractual form of union that is allowed in Shia Islam,
permitting a man and a woman to marry for a set duration under specified
conditions, which include a predetermined Mahr. Unlike Nikah, Muta does not
impose long-term obligations such as inheritance rights or financial support
beyond the agreed timeframe. While Muta is recognized as a valid practice in
Shia communities, Sunni Islam generally rejects it, considering it inconsistent
with traditional marriage principles. The concept remains a topic of contention
among Islamic scholars and legal authorities.
Misyar Marriage
Misyar is a type of marriage mainly acknowledged in Sunni Islam, where
couples enter into a marriage agreement while altering certain marital
responsibilities. In this arrangement, the wife may give up rights such as
financial support, cohabitation, or equal standing in polygamous settings.
Misyar offers a flexible option for individuals seeking companionship without
fully committing to standard marital duties. This practice has become more
common in areas like Saudi Arabia and Egypt, frequently in response to the
economic and social challenges faced by couples.
Urfi Marriage
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Urfi marriage is an unofficial marital arrangement that does not always comply
with legal registration standards. Often found in Egypt and other Arab nations,
Urfi marriages involve the exchange of vows in front of witnesses but might
lack formal documentation. Due to the absence of official recognition, Urfi
marriages can create legal challenges, especially regarding inheritance, child
legitimacy, and divorce settlements. Detractors argue that the lack of
registration puts women at risk, while advocates view it as a way to navigate
restrictive legal frameworks.
Tahleel Marriage
Tahleel marriage occurs when a divorced woman, after undergoing Talaq al-
Bid’ah (a triple divorce), marries another man to satisfy the Islamic requirement
before being allowed to remarry her previous husband. This practice is
controversial because of its potential for exploitation, as some individuals may
engage in arranged marriages solely to make the woman eligible to reunite with
her former spouse. While some scholars consider Tahleel permissible under
strict conditions, its misuse has led to substantial criticism and calls for reform.
Polygamous Marriage
Islamic law permits a man to marry up to four wives, provided he treats each
fairly in terms of financial and emotional support. Polygamy comes with
stipulations emphasizing equity, and failing to uphold these requirements is
deemed unjust. Although polygamy remains legal in many Muslim-majority
countries, contemporary legal systems have imposed various restrictions,
including the necessity of existing wives' consent or formal approvals. The topic
is still debated, attempting to balance religious allowances with evolving
societal norms and gender equity issues.
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The structures of Islamic marriage, while unified in their religious background,
display considerable diversity based on varying jurisprudential interpretations
and cultural contexts. From the permanent Nikah to adaptable arrangements
such as Muta and Misyar, these types of marriage highlight the flexibility of
Islamic family law. As legal systems progress and societies evolve, discussions
about these practices remain ongoing, underscoring the relationship between
tradition, modernity, and individual rights.
References
1. Ali, S. S. (2002). Gender and Human Rights in Islam and International
Law: Equal Before Allah, Unequal Before Man? Kluwer Law
International.
2. Esposito, J. L. (2001). Women in Muslim Family Law. Syracuse
University Press.
3. Kamali, M. H. (2003). Principles of Islamic Jurisprudence. Islamic Texts
Society.
Dower in Muslim Law
Emergence of Practices of Marriage in Pre-Islamic and Islamic Law
Before the advent of Islamic law, the status of women in marriage was rarely
constant and was associated with sundry customs towards their minimal rights
and societal position. Several different forms of marriage existed in those days,
for instance:
1. Shighar Marriage - An exchange of daughters that a father provides to marry
his daughter to the girl in exchange for the daughter of another man without
dower (mahr).
2. Beena Marriage - A kind of marriage whereby a husband married a woman
and was not allowed to take her home.
3. Bala Marriage - That, in this manner, it needs to pay dower to the parents of
the bride instead of the bride herself.
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These forms of marriages were abrogated by Islam, giving rise to a very
different legal framework introduced by Prophet Muhammad, called Nikah.
This new system required the husband to pay dower (mahr) directly to his wife
as an evidence of commitment and financial stability. This is what happened in
the marriage of Fatima, the Prophet's daughter, when Ali paid 500 dirhams as
mahr to her. Nikah opened a more just marriage system, establishing women's
rights and financial independence under Islamic jurisprudence.
MEANING
Dower, referred to as Mahr, is a significant component of Muslim marriage that
represents a required financial obligation the husband must fulfill for the wife. It
is not simply a present but rather a legal entitlement given to the wife,
symbolizing respect and providing financial security. The role of dower is to
guarantee the wife’s economic well-being, especially in cases of divorce or the
husband’s passing. Dower is categorized into two types: prompt dower, which is
payable immediately upon marriage or on request, and deferred dower, which is
due at a later time, generally when the marriage ends or upon the husband's
death. The amount of dower is typically decided by both parties, either
explicitly stated in the marriage contract or established according to customary
norms. Although Islamic law does not set a specific amount, it stresses fairness
and the financial ability of the husband. The dower concept strengthens the
wife’s rights within marriage and serves as a protection against arbitrary
divorce. Courts have recognized that failure to pay dower can be a legitimate
basis for legal action by the wife. Over time, the interpretation of dower has
changed, ensuring that it continues to be an essential tool for safeguarding and
empowering Muslim women.
Essentials of Mahr (Dower)
Mahr would no longer be confined to merely a cultural practice; it is intrinsic to
Islamic marriage law. The following are the vital features into consideration of
their nature and function:
Obligation on Owner
In unequivocal terms, Islamic law prescribes the wife's requirements on the
husband to give her dower. To be paid by him to the wife and as an exclusive
entitlement of the wife; nothing can change this course even at the behest of his
family or society. The payment of dower is considered as the husband's sign of
commitment and responsibility to his wife.
Right of Wife
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The dower is entirely for the wife and she can do whatever she wants with it. In
this way, a wife is guaranteed financial independence and security during
marriage dissolution.
Consideration for Marriage
This then is a consideration of the dower. It has a flavor of a grant indicating
that the husband really has obligations, predicated on the dower rights. Dower is
not something just to be transferred to the husband and paid like a standard
transaction
Determination of Amount
Usually, the amount of dower is determined during the marriage contract.
However, if not otherwise stated in the contract, then the dower shall be based
on local customs and the will of the judge. The amount need not be high, but
shall be suitable for the husband's financial state and fit within the stereotyped
customs of the community.
The wife has the right to demand dower legally, and the court would enforce the
performance of this obligation on the husband, who does not pay it. On the
other hand, if the husband dies before paying the dower, his estate is liable for
claims made by the wife.
Effect on Marriage Validity
Although it is mandatory to pay dower, the lack of it does not invalidate the
marriage. It creates rights and obligations to be fulfilled, however, and also
carries with it certain legal aspects and social ramifications.
The Five Kinds of Dower in Muslim Law
Muta Dower
Temporary dower applies to Muta marriage, a temporary tie for a distinct time,
which is mainly recognized in Shia law. In case of failure to consummation, a
wife has a right to half the dower as agreed. However, if the consummation
takes place, she can demand the dower as a whole. In case she leaves before the
expiration of the set period, she forfeits any right to the dower.
Fixed Dower
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Fixed dower is a sum of money or property determined by both sides during
marriage. Under Sunni law, it cannot be less than 10 Dirhams, which are about
12-13 Rupees, and there is no maximum limit. No maximum or minimum
figures are given by Shia law. The dower amount must be appropriate according
to the husband's financial capabilities to be within reach. If it is agreed upon
before or at the time of marriage, it is called Mahr-i-Musamma. The Allahabad
High Court, in Kukkiya Begum vs. Radha Kishan (AIR 1944 All 241), said the
amount could be increased through an agreement made post-marriage.
Prompt Dower
Prompt dower is immediately payable, upon-demand of the wife, either before
or after consummation. This is that this obligation upon the husband to pay it
comes before any right of the husband to have conjugal relations. In Rabia
Khatoon vs. Mukhtar Ahmed (AIR 1966 All 548), it was decided by the
Allahabad High Court that a wife may refuse to live with or have conjugal
relations with her husband until the prompt dower is paid. Further, she does not
need to prove consummation to claim it.
Deferred Dower
Deferred dower is a sum which has been agreed at the time of marriage to be
payable at a later date more often than not on happening of certain conditions
like divorce, death, or after a pre-fixed period. Unless the conditions take place,
the payment is disallowed to the wife.
Proper Dower
In all cases when there is no specific figure determined at the time of marriage,
proper dower is applied. In that situation, it can demand from the wife what he
considers fit according to standing, family background, and custom. It differs
from specified dower in that it does not depend on the financial means of the
husband.
Muslim law recognizes five kinds of Dower. Each type is valid for a specific
kind of legal purpose. Muta dower is for temporary marriages and contains
varied conditions pertaining to duration and consummation. Specified dower is
the pre-agreed amount that varies in context from the Sunni to the Shia
tradition. Prompt dower, as the name says, is to be paid by the husband upon the
immediate demand. Deferred dower, on the other hand, will only be paid at a
later date, conditioned by something that happens in the future. Lastly,
according to proper dower, a wife has a claim to a reasonable amount in the
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absence of any earlier agreement. Types of dower operate within different legal
frameworks and agreements to provide financial security for wives.
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Conclusion
In Islam, marriage is not only a social contract; it is a sacred contract governed
by religious texts and legal provisions. The importance of dower (mahr) act as
the proper consideration for the financial security for the wife, thereby
protecting her dignity against all odds and ensuring her respectability. While
maintaining an equitable premise for marriage as well as dowry under Islamic
law, the real test in the modern world resides in the application and practicality
in some cultures.
Different types of injunctions and legislative reforms have been sought to
uphold Muslims' women's rights so that the spirit of dower as an empowering
means would not go into mere formalism. However, varying levels of
implementation and awareness have reduced the impact of these provisions.
This calls for vigorous legal education, judicial activism, and progressive
reforms to sustain the intended justice and equity within Muslim matrimonial
laws.
In conclusion, Islamic marriage and dowry are recognized as established
religious laws, but their adaptation to contemporary society remains a subject
for discussion and action. Giving strength to legal provisions and ensuring
gender equity will give due respect to the sanctity and integrity of Muslim
marriage laws while bringing it in consonance with current ideals of justice and
equality.
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