Objects of wedding :
A Muslim wedding could be a civil contract that have the subsequent objects:
i) Promotion of a traditional family life
ii) Legalising sexual issues
iii) sex activity of legitimate youngsters and increase in family iv) The ordering of domestic and social life and also the protection of society v) The upbringing of virtuous youngsters
vi) The discipline of the family and honorableness of woman and kids vii) Guarding the kinsmen from foulness and unchastity.
Prophet aforementioned that, “Men will marry girls for his or her piousness or their property or their beauty, however they must opt for pietyness”.
According to Section three of the Law of wedding (Compendium of monotheism Laws compiled by All Republic of India Muslim Personal Law Board), “The purpose of wedding area unit lengthening of humanity and attainment of chastity, continence, mutual love, heart and peace”.
Nature of wedding (A Civil Contract) :
Under Mohammedan law wedding is only a civil contract. it’s basically Associate in Nursing agreement between the parties, the terms whereof rely upon the desire of the willing parties. similar to different contracts it’s well-grooved by a proposal created on behalf of 1 of the parties to the wedding, and accepted the proposal by or on behalf of the opposite. Such contract should be in the course of dower. that could be a value paid to the woman for the connubial rights of the husband.
Justice Mitter, in Saburannissa v. Sabdu sheik [AIR 1934 Cal. 693] detected that, “The wedding below Muslim Law could be a civil contract and this can be sort of a contract of sale i.e. a transfer of property for a value. within the contract of wedding the woman is nothing however the property and dower is that the value.”
Mahmood J in Abdul Kadir v. Salima [8 Alld. 149, FB] conjointly discovered, “Marriage could be a civil contract, upon the completion of that by proposal and acceptance, all the rights and obligations that it creates arise like a shot and simultaneously”.
However, Dr. Carl Jung says “Marriage is a civil contract and that is not secular ceremony. The wedding is Sunnat-muwakkida i.e., Associate in Nursing act compliance of that is virtue and a deviation from that could be a sim.
According to Sir Abdul Rahim, “The establishment of wedding partakes each of nature of ibadat or pious acts and muamlat or dealing among men.
Whatever is that the true nature of wedding, until it’s not a religious ceremony below Mohammedan law, Fitzgerald observes, “This is though a non secular duty, wedding is definitely not a religious ceremony. There are not any sacraments in Islam nor it’s overture.
Similarly, Mahmood J. in Abdul Kadir v. Salima [(1886) ILR eight All. 149(FB)] aforementioned, “Marriage among Muhammadans isn’t a religious ceremony, however strictly a civil contract; and tho’ it’s solemnized usually with recitation of sure verses from the religious text, nevertheless the Muhammadan law doesn’t absolutely dictate any service peculiar to the occasion.
Tahir Mahmood, in his ‘Muslim Law of India’ writes, “Marriage (nikah) among Muslim could be a ‘solemn pact’ (mithaq-e-ghalid) between a person and a lady, soliciting every other’s life society, that in law takes the shape of a contract (aqd).
Section four of the Law of wedding (Compendium of theism Law) compiled by All Republic of Bharat Muslim Personal Law Board says, “Marriage is compliance with injunctions of God’s Book and His Prophet’s Sunnat; a lot of it is the provide of protraction of humanity and attainment of chastity thanks to that kinsmen unit protected against committing what is fully prohibited by faith. within the eyes of the Shariat, therefore, wedding not simply a civil contract; it’s additionally worship”.
In Muslim law, wedding assumes the shape of a pure civil contractLike a contract, there should be a proposal and acceptance in one meeting, by the bridegroom and bride. If they’re minors, proposal and acceptance should be created by the legal guardians on behalf of them.
The proposal is created by the bridegroom, the proposal is termed ‘Ijab’. The proposal consists the quantity of dower and is created before 2 witness and Kazi. The bride or the trustee of the bride expresses disposition and acceptance. The acceptance is termed ‘Qabool’. once each the parties say affirmative, then wedding takes place. The Ijab and Qabool should be done at one meeting. The consent of each the parties should be power, not below undue influence, deception or coercion. The parties to the wedding should be competent parties i.e, the person is of sound mind and WHO has earned the pubescence. therefore contract of wedding will be same to be complete unless the acquiring parties perceive its nature and reciprocally consent thereto [Amir Ali].
According to Tahir Mahmood, wedding may be a solemn treaty between a person and a lady, although it takes the shape of a contract. it’s to be remembered that Holy Prophet did describe ‘nikah’ (marriage) as his sunnat and each Muslim Law, the sacred socio-religious significance of sunnat as recognized by the Muslim faith.
In Amina v. Hassan Koye [reported in 1985 Cri L.J. 1996], it’s been thought-about that idea of wedding below 3 broad headings, particularly legal, social and non secular. Juristically, it’s a contract as against a religious ritual. however it can’t be thought-about as a contract pure and straightforward to be ruled completely by the provisions of the Contract Act. It ought to be taken within the light-weight of the private laws of the parties and therefore the ethic content and attribute of the establishment of wedding, as popularly understood by the Muslim within the country.
Marriage is recognized in Islam because the basis of society. The Quranic injunction relating to wedding is that wedding as an establishment provides the uplift of man and may be a means that for the continuance of the civilization. spiritual significance of wedding is discovered fully once the Holy Prophet compared – it with sacred sunnat. Spouses area unit strictly enjoined to honour and love one another. The Holy Prophet asked the individuals to ascertain their brides before marrying them and tutored that nobility of character is that the best reason for marrying a lady.
