WEEK 3 Marriage Definition Ingredients

Principles of Muhammadan Law. Page 395 to 399

  1. MARRIAGE AND ITS ESSENTIALS

 

  1. INTRODUCTORY NOTE:

In Islam Marriage is a civil contract which creates certain rights and obligations on the parties to the contract. Marriage is defined in different ways by different jurists. There are some essential requirements to constitute a contract of a valid marriage and also there are certain impediments to a valid marriage. Marriage generally classified in three categories which are Valid, Irregular and void all the three classifications having different legal effects on the parties to contract of marriage.   

وَاَنْكِحُوا الْاَيَامٰى مِنْكُمْ وَالصّٰلِحِيْنَ مِنْ عِبَادِكُمْ وَاِمَاۗىِٕكُمْ ۭ اِنْ يَّكُوْنُوْا فُقَرَاۗءَ يُغْنِهِمُ اللّٰهُ مِنْ فَضْلِهٖ ۭ وَاللّٰهُ وَاسِعٌ عَلِيْمٌ ٰ

تم سے جو مرد عورت بے نکاح ہوں ان کا نکاح کر دو  اور اپنے نیک بخت غلام لونڈیوں کا بھی  اگر وہ مفلس بھی ہونگیں تو اللہ تعالٰی انہیں اپنے فضل سے غنی بنا دے گا  اللہ تعالٰی کشادگی والا علم والا ہے۔

  1. DEFINITION OF MARRIAGE/NIKAH:

Literally Nikah means the union of male and female and in law this term means marriage. Marriage has been defined to be a contract for the purpose of legalizing sexual intercourse and procreation of children.

          In Hidaya it is defined as “Nikah in its primitive sense means carnal conjunction.” The Holy Prophet (PBUH) is reported to have said “Marriage is my sunnah and those who do not follow this way of my life are not my followers.”

 

  1. MEANING OF MARRIAGE:

 The literal meaning of the “marriage’ is wedlock, the mutual relation of husband and wife or the institution whereby a man and a woman are joined in a special kind of social and legal relationship for the purpose of making a family. The term “Nikah has been used for marriage under Muhammadan Law.

Fyzze remarks:   

“Among the Arabs Nikah, “Marriage”, is a wide term, comprising many different forms of sex relationship but in Muhammadan Law it has a very definite legal meaning. It is a contract for the legalization of intercourse and the procreation of children.”

  1. Legal Meanings:

In juridical terms, it is a contract and as such there are three characteristics attached,

  1. There can be no marriage without consent of the parties.
  2. Provisions in the contract for breach of it i.e. various kinds of dissolution of marriage by act of parties or by operation of law.
  3. The terms of the contract of marriage within the legal limits to suit the individuals.
  1. Social Meanings:

There are three important factors,

  1. Islam bestows a high social status to women after marriage.
  2. Restriction on practices of polygamy and introduction of limited polygamy.
  3. The Holy Prophet (Peace be upon him) both by example and precept, encouraged the status of marriage.
  1. Religious meanings:

Marriage, in Islam is regarded as the basis of society. Marriage is an institution which leads to the uplift of human beings, spouses are enjoined to mutually respect, love and honour each other, and it is necessary for the continuance of the human race.