Marriage (Definition, Essential and Legal Capacities)

It is a social need because through marriage, families are established and the families are the fundamental entity of our society. Furthermore marriage is the only legitimate or halal way to indulge in intimacy between a man and woman.Islamic marriage although permits polygamy but it completely prohibits polyandry. Polygamy though permitted was guarded by several conditions by Prophet (PBUH).

Marriage:-Pre Islamic Position

Before the birth of Islam there were several traditions in Arab. These traditions were having several unethical processes like:-
(i) Buying of girl from parents by paying a sum of money.
(ii) Temporary marriages.
(iii) Marriage with two real sisters simultaneously.
(iv) Freeness of giving up and again accepting women

These unethical traditions of the society needed to be abolished; Islam did it and brought a drastic change in the concept of marriage.
 

Marriage Defined

It is quiet relevant to know whether the Muslim marriage is a sacrament like the Hindu marriage, for this let us get acquainted with some of the definitions of Muslim marriage.

(a) Hedaya 1: - Marriage is a legal process by which the several process and procreation and legitimation of children between man and women is perfectly lawful and valid.
(b) Bailies Digest 2:- A Nikah in Arabic means Union of the series and carries a civil contract for the purposes of legalizing sexual intercourse and legitimate procreation of children.
(c) Ameer Ali 3:- Marriage is an organization for the protection of the society. This is made to protect the society from foulness and unchestity.
(d) Abdur Rahim 4:- The Mahomedan priests regard the institution of marriage as par taking both the nature of Ibadat or devotional arts and Muamlat or dealings among men.
(e) Mahmood J. 5:- Marriage according to the Mahomedan law is not a sacrament but a civil contract.
(f) Under Section 2 of Muslim Women (Protection of Rights on Divorce) Act, 1986 Marriage or Nikah among Muslims is a ‘Solemn Pact’ or ‘Mithaq-e-ghalid’ between a man & a woman ,soliciting each others life companionship, which in law takes the form of a contract or aqd.
 

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