Kinds of Marriage Legal Consequences of Marriages
CONCEPT OF IRREGULAR MARRIAGE
Classification of marriages:
A Marriage according to Mohammadan law may be either:
- 'Valid (Sahih)
- 2) Void (batil)
(3) Irregular (Fasid)
Though in Mohd. Law the concept o marriage in purely
contract. Even some legal prohibition have been prescribed for
the valid Nikah by Kooran or sunnat those prohibitions o four
kinds-Absolute, relative, directory and prohibitory. I any
marriage between two Muslim in violation o absolute and
prohibited prohibition the marriage is Batil and i there is
violation o relative and directory prohibition the marriage is fasid
i.e. irregular and i all these prohibition are avoided and marriage
is contracted, the marriage is sahih i.e. let us discuss the concept
o Fasid marriage in Muslim law.
Irregular Marriage (fasid):
A union between a man and a woman may be either lawful
or unlawful. Unlawfulness may be either absolute or relative. I
the unlawfulness is absolute we have a void (batil) marriage. I it
is relative, we have an irregular (fasid) marriage a marriage
contracted by parties su ering from relative, prohibitory or
directory incapacity is irregular both according to Bailie and
Ameer Ali.
Relative in capacity:
Relative incapacity springs from cases which render the
- marriage invalid only so long as the cause which creates the bar
Principles of Muhammadan Law. Page 399 to 403