WEEK 4 Kinds of Marriage

Principles of Muhammadan Law. Page 399 to 403

  1. VALID MARRIAGE AND ITS LEGAL EFFECTS:
    1. Valid Marriage

If the parties of a marriage fulfils the legal requirements of a contract of marriage as a capacity for the contract of marriage, absence of impediments, presumption and proof of marriage, then such contract is called a contract of  a valid marriage.

  1. Effects of Legal/Valid Marriage:

A Muhammadan legal marriage creates some rights and also imposes some duties on the parties as it is a legal contract it has some legal effects which are as under,

  1. Sexual intercourse becomes Lawful:

The parties to a valid contract of marriage are known as husband and wife and sexual relation between them is lawful and it is the right of one party to have sexual intercourse with the other and the other party cannot refuse to fulfil this duty.

  1. Legitimacy of children:

The children born in furtherance of a contract of valid marriage are legitimate and entitle to all their legal rights as provided by the personal law of parties.

  1. Right of Inheritance:

Both husband and wife entitle to inherit property from each other in case of death of either party.

  1. Dower:

A valid marriage entitles a wife to receive dower amount from her husband whether prompt of deferred.  

  1. Maintenance:

Husband is under an obligation to maintain his wife as well as his children born, in furtherance of such valid marriage, till their legal entitlement.

  1. Iddat:

In the case of dissolution of a valid marriage a wife is not entitled to contract another marriage without observing the period of iddat.

  1. Duties of Wife under valid marriage:

A valid marriage confers some duties on the wife i.e.

  1. She is bound to obey all reasonable directions of her husband.
  2. She must be loyal and obedient to her husband and admit her husband for sexual intercourse.
  1. Affinity:

The prohibitions regarding marriage due to the rules of affinity come into operation and are applied on both husband and wife.

  1. Enforcement of agreement between parties:

As marriage is a civil contract parties can enter into an agreement at the time of marriage or even after marriage and such agreement is lawful and is enforceable by law against each other subject to consistency of agreement with the provisions of law.

  1. No interest in property of other party:

Neither husband nor wife acquires any interest in the property of other by reason of marriage contract.

  1. No change of sect:

The wife remains the subject of same school as she belongs to prior to her marriage and a contract of marriage does not affect the personal school of law of wife.