Introduction  

“Nikah, in its primitive sense, means a carnal conjunction. Some have said that it signifies conjunction generally. In the language of law, it implies a particular contract used for the purpose of legalizing generation.”  - Hedaya (12th-century legal manual, considered as one of the most influential compendium). 

• Muslim marriage has been considered a contract that legalizes the procreation of children. 
• Justice Mahmood in Abdul Kadir v. Salima (1886), defines it as a purely civil contract and rejects its nature as a sacramental institution. However, despite having similarities with a civil contract, Muslim marriage is not absolutely one. 

Classification of Marriage  

• Muslims are divided into two sects all over the world based on their belief and tradition, viz Sunni Muslims and Shia Muslims.  
• Muslim marriages are a social contract and legally binding upon parties hence it is classified accordingly. The classification of marriages under Muslim laws is:  

• • Sahih Nikah (Valid Marriage)  
  • Batil Nikah (Void Marriage)  
  • Fasid Nikah (Irregular Marriage) 
  • Muta Marriage (Temporary Marriage) 

Sahih Nikah (Valid Marriage)   

• A marriage that is neither void nor invalid is valid. In other words, a marriage that conforms in all respects to the legal requirements is a valid marriage. 
• A marriage to be valid must satisfy the following requirements: 

• • There must have been a proposal by one party and its acceptance by the other. 
  • The consent of parties should be free consent. 
  • Proposal and acceptance must have taken place at one meeting and before two male witnesses, one male and two female witnesses under Sunni Sect. They must be major and of sound mind. Under Shia Sect witnesses are not necessary. 
  • The parties must have the capacity to contract marriage i.e., they should be:  

• • • Of sound mind,  
    • Major,  
    • Capable of giving free consent, if they are minor or lunatic, it should be done through their guardians.  

• • There should be no impediment to marriage whether absolute or relative on the ground of consanguinity, affinity, fosterage and polyandry or temporary, viz relative, prohibitive or directory.  

Effect of a Valid Marriage 

• A valid marriage has social and legal implications some of which are as follows: 

• • Marriage provides husband and wife with rights of inheritance. 
  • The wife gets the right of maintenance and alimony for her and the children under Section 125 of Criminal Procedure Code, 1973 after the decision of the Supreme Court in Mohd. Ahmad Khan v. Shah Bano Begum (1985).  
  • The ritual of Iddat has to be performed by the divorced wife after the dissolution of marriage or when she becomes a widow. During this period, she cannot remarry. 

Batil Nikah (Void Marriage)   

• A void marriage is a marriage that does not fulfil the necessary conditions of a valid marriage. In batil marriage no legal rights and obligations are followed. Following kinds of marriages are considered void: 

• • A marriage falling under prohibited degrees of relationship, i.e., marriage between the parties having blood relations. 
  • Marriage prohibited by the reason of affinity (E.g., Sister, aunt, niece etc.). 
  • Marriage with foster mother or foster sister. The exception in case of fosterage is observed by Sunnis, where marriage is valid with sister’s foster mother, or foster sister’s mother, foster son’s sister, or foster-brother’s sister. 
  • Marrying a woman who is undergoing Iddat is also void under Shia law. 
  • Marriage with someone else’s wife provided her marriage is still subsisting. 

• The above-mentioned list is not exhaustive hence some other kinds of marriages might be void as considered by rules of a certain school of Muslim law. 
• In Munshi v. Mst. Alam Bibii (1912), the court observed that permanent or perpetual prohibition from marriage due to non-adherence of a condition makes such marriage void.  

Effect of a Void Marriage 

• A void marriage is of no legal effect either before or after consummation.  
• It does not create any rights or obligations between the parties.  
• The wife is not entitled to maintenance.  
• One cannot inherit from the other, but the woman is entitled to dower if the void marriage has been consummated.  
• The offspring of a void marriage is illegitimate.  
• The parties can separate from each other at any time without divorce and may contract another marriage lawfully. 

Fasid Nikah (Irregular Marriage) 

• A marriage contracted by parties suffering from relative prohibition or directory incapacity is irregular. 
• Some grounds which make the marriage irregular (fasid) are: 

• • Marriages contracted without witnesses (Sunni Muslims), 
  • Marriage with a fifth wife (Sunni Muslims), 
  • Marriage with a woman undergoing Iddat, 
  • Marriage with non-scriptural woman (i.e., idolatress or fire worshipper), 
  • Marriage contrary to the rules of unlawful conjunction. 

Effect of an Irregular Marriage 

• Before consummation in a marriage, the wife is not entitled to obtain a dower from her husband if he divorces her. 
• There is no legal obligation on the wife, she is not bound to follow the rules of Iddat. 
• The wife has no right to claim maintenance from the husband during the Iddat period. 
• After consummation of marriage a child born out of irregular marriage is considered legitimate and has all right of inheritance of property. 

Muta Marriage (Temporary Marriage) 

• The word “muta” literally means “enjoyment or use”. It is a marriage for pleasure for a fixed period of time, also known as temporary marriage.  The institution of muta marriage is not recognized by  Ithna Ashari or Shia School of Muslim Law. 

Essentials of Muta Marriage 

• There are four essentials of muta marriage: 

• • Form – It must be in the form of a proper contract which means offer and acceptance. 
  • Subject – A man may contract a muta marriage with a woman professing the Mohammedan, Christian or Jewish religion or even with a fire- worshipper. 

• • • A Shia woman, however, cannot contract a muta with a non–Muslim.  
    • Relations prohibited by affinity are also unlawful in such marriage. 

• • The Term – It means that the period of cohabitation should be fixed, which may be a day, a month, a year or a term of years; and 

• • Dower – Dower must be fixed. 

Conclusion 

Marriage under Muslim Law is considered a civil contract. The main purpose of marriage is to create a family which is considered a fundamental unit of society.