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Muslim Marriage Acts

The marriage acts of different religions are framed in the Indian constitution in accordance with their social and religious set up. In the same way the Muslim Marriage Act has been framed keeping in mind the social, religious and cultural traditions of the Muslims.

The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / 'Nikah' is a contract underlying a permanent relationship based on mutual consent.



Basic Interpretations of Muslim Marriage Act

Under the law, Nikah or marriage is a civil contract and may be permanent or temporary and no religious ceremony or ritual is necessary. It states that to have a valid Nikah or marriage under the Muslim law, presence of a Qazi or priest is not necessary. Merely a proposal in the presence and hearing of two normal males or one normal Muslim male and two normal Muslim female adults, and acceptance of the said proposals at the same time constitute a legal wedding under the Muslim Personal Law.

• There is a slight variation in the laws that govern the Sunni and Shia Marriages. However, the basic elements are same in both of the cases.
• A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract.
• There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence.
• Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty.
• The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract.
• The terms of a 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 Muslim Marriage law permits a man four wives if he treats all of them equally.
• It is assumed that on completion of 15 years of age, a person attains puberty. If a person is of sound mind, normal and has attained puberty his or her marriage cannot be performed without his or her consent.
• To have a legal and valid marriage following conditions are to be satisfied like both should be of sound mind or the guardian in marriage should act on behalf of the person of unsound mind in arranging the marriage contract. Either the parties should have attained the age of puberty or the guardian in marriage on behalf of the party concerned should enter into the marriage contract.
• In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary. The husband and the wife with mutual agreement can also put an end to the marriage.
• There are certain prohibited relationships, whose marriage is considered void. Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.

Requirements of Muslim Nikah
The solemnization of a Muslim marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. The essentials are as follows:


Proposal and Acceptance
Competent Parties
No Legal Disability

There are certain prohibited relationships whose marriages are considered void; like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.

However, according to Shia law, the presence of witness, is not necessary in any matter.

Concept of Marriage under Muslim Law

Marriage or “Nikah” in Islamic law is a contract pure and simple needing no writing and no scared rites. All that is necessary is offer and acceptance made in the presence and hearing of two male or female witnesses and recording the factum of marriage in the “Nikah” Register maintained in every mosque signed by the parties and attested by witnesses. It is payable to the wife on the dissolution of marriage or death or divorce. In India, there is no need to register the Muslim marriage, as there is no law requiring registration. 

Concept of Divorce under Muslim Law

There are six forms of divorce recognized under Islamic Law. They are Talaq, Talaq bu Tafweez, Kula and Mubaraat, Illah, Zibar and Lian. Talaq confers on Muslim husband the privilege of being able to discard his wife whenever he chooses to do so for reasons good, bad or indifferent indeed for no reason at all. Talaq-i-Tufeez is the exercise of the right of divorce by the wife by virtue of the power delegated to her husband at the time of marriage or even thereafter, Kula and Maturate are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent. Illah is a constructive divorce in which the husband swears not to have sexual intercourse with his wife for 4 months and abstains from doing so. Zihar is a mode of divorce in which the husband compares his wife with his mother or any other female within prohibited degree. Lian is a divorce in which there is imputation of adultery to the wife by the husband and the wife is entitled to file a suit for dissolution of marriage on the false charge of adultery. 

The Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek divorce through court on the ground of, whereabouts of the husband are unknowns for 4 years, failure of husband to provide for the maintenance of the wife for 2 years, sentence of imprisonment of the husband for 7 years, failure to perform martial obligations, impotency of the husband, or insanity of the husband, Repudiation of marriage by the wife before attaining the of 18 years cruelty of the husband and any other ground relevant at that point of time.

Infact, unlike in a Hindu Marriage, Muslim Widow is encouraged to be remarried and that’s a responsibility of the Muslim Community.