Principles of Muhammadan Law. Page 399 to 403

1. IRREGULAR MARRIAGE AND ITS LEGAL EFFECTS

1. Irregular Marriage:

When the marriage is performed in violation of temporary or relative impediments it becomes irregular but not void. This kind of marriage is only recognised by sunny school of law. Such marriage can be validated by removing its defects and impediments. These impediments are

• When a Sunni male marries a woman of other religion, the marriage is irregular and can be validated if his wife converted to Islam.
• A marriage may be validated by consummation if performed without witnesses.
• A marriage may be validated by death or divorce of any one of the four wives by a man who has already four wives.
• Where a marriage is prohibited by reason of unlawful conjunction, it can be validated by the termination of marriage which creates prohibition. For example, if a man marries his wife’s sister, the marriage is irregular and can be validated by pronouncing talak on his wife.
• Marriage performed without free consent may be validated by if other party gives the free consent (if major) or by the guardian (if minor) or by the minor after attaining majority.
• Where the marriage is performed in a state of intoxication, it can be ratified after getting consciousness.
• Where the marriage is contracted by obtaining consent by force or fraud, it can become, valid by ratification when the force or fraud is removed.

1. Legal effects of an Irregular Marriage:

1. Pre-Consummation:

An irregular or Fasid marriage has no legal effects unless it is consummated or until the temporary or relative impediments are removed. Either party to such a marriage has a right to terminate it at any time. Any intention expressed to terminate such marriage is enough to make an end to this marriage. Only the words “I have relinquished you” is enough for its termination.

1. Post-Consummation:

When the marriage is performed in violation of temporary or relative impediments, even before cessation of these impediments, if consummation of marriage has taken place, then the following legal effects ensue,

1. After consummation, the wife becomes entitled to Dower. It may be proper or specified whichever is less, after consummation, on dissolution of marriage.
2. Either by divorce or by death of the husband, the wife is required to perform, Iddat of three courses.
3. After consummation, the children born out of such marriage are legitimate and inherit the property of both parents.

1. After removal of Impediments:

When the temporary or relative impediments are removed and the prohibitions are remedied, all the legal effects of a valid or Sahih marriage emerge.

1. VOID MARRIAGE AND ITS LEGAL EFFECTS :

1. Void Marriage :

Where the impediments to a marriage are perpetual and absolute, such marriage is called a void marriage. It creates no rights and obligations between parties and the children born out of such marriage are illegitimate.

1. Legal effects of void (batil) and an invalid (fasid) marriage:

A batil marriage being illegal is null and void ab initio and creates no civil rights and obligations between the parties. A batil marriage is no marriage at all and therefore a Muslim woman can have it declared void at any time. It is mere semblance of marriage without the reality. Syed Ameer Ali observes that "the wife has no right of dower against the husband (unless the marriage is consummated), and neither of them is entitled to inherit from the other, in case of the death of either, during the period when the contract is supposed to have existed. The illegality of such unions commences from the date ' when the contracts are entered into, and the marriage is considered as totally non-existing in fact as well as in law.

A marriage with a woman prohibited on the ground of consanguinity, affinity, or fosterage is void, the prohibition being perpetual and absolute such marriages are null and void ab-initio and carry no civil rights. Ist is according to Tabiun, "The offspring of such a union does not acquire the status of legitimacy. There are no mutual rights and obligations”.

1. A void marriage does not confer the status of husband and wife on the parties.
2. It does not confer the status of legitimacy on the children.
3. No mutual rights and obligations arise from such marriage.
4. The parties to such marriage are free to live according to their own ways. If the wife marries again, she will not be guilty of bigamy under Section 494 of P.P.C
5. No mutual rights of inheritance arise out of such marriage.
6. No legal action is necessary for the declaration of such marriage as null and void but if a person who is interested in getting such marriage null and void, and any person who is interested in getting such a declaration can file a declaratory suit under Section 34 of Specific Relief Act.