Marriage (nikah) of Muslim is a solemn and sacred social contract between boy and girl. This muslim marriage contract is a robust covenant (mithaqun Ghalithun) as expressed in Quran 4:21. The muslim marriage settlement in Islam is not a religious ceremony. It is revocable.
The Muslim marriage in India is ruled not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / 'Nikah' is a contract document underlying a permanent relationship based on mutual consent.
A Muslim wedding in India needs proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract.
There can be no muslim marriage without free consent and such consent should’t be obtained by means that of coercion, fraud or undue influence.
Just as in case of contract, entered by a guardian, on attaining majority, so can a muslim marriage contract in Muslim Law, be set aside by a minor on attaining the age of pubescence.
The parties to a Muslim marriage in Rajasthan may enter into any ante-nuptial or post-nuptial agreement that is enforceable by law provided it’s affordable and not opposed to the policy of Islam. Same is the case with a contract.
The terms of a muslim marriage contract may also be altered within legal limits to suit individual cases. Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.
The solemnization of a Muslim marriage in India needs adherence to certain forms and formulas. They are called the essentials of a valid muslim marriage. If any of these requirements is not fulfilled the muslim marriage becomes either void or irregular, as the case may be. The essentials are as follows :
The proposal and acceptance must both be expressed at once meeting. The acceptance must be corresponding to what is being offered. The muslim marriage must be effectively immediate. If the Wali says “ I will marry her to you after two months”, there is no muslim marriage.
The parties must be competent.
Neither writing nor any religious ceremony is needed.
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