MARRIAGE, ESSENTIALS OF MARRIAGE, CONDITIONS AT FEMALES, CLASSIFICATION OF MARRIAGE, IMPEDIMENT, KINDS OF IMPEDIMENT

 

      MUSLIM FAMILY LAW

   MARRIAGE, ESSENTIALS OF MARRIAGE,

IMPEDIMENT 

INTRODUCTION OF FAMILY  LAW

Family law is the body of law that deals with marriage, divorce, custody, adoption, supports, paternity, and other domestic relations issues including matters related to non-marital couples and family units.  DEFINITION OF MARRIAGE: marriage has been defined as "a civil contract which for its object, the procreation and legalizing of children" CONDITIONS AT FEMALES: Muslim women can only marry a Muslim. she neither marry an idolater nor a Christian nor a Jew, and Marriage contracted with any one of these is void.  ESSENTIALS OF MARRIAGE: 1. OFFER (IJAB) 2.ACCEPTANCE (QUBUL)   3. SAME METTING  4. FREEDOM 5. CONSIDERATION 6. MAJORITY 7. OPPOSITE SEX 8. WETNESS                                                                                                                          CLASSIFICATION OF MARRIAGE: (A)      VALID A marriage that conforms in all respects with the law is called valid marriage. (B)      Void A void marriage is one that is unlawful in itself, the prohibition against the marriage being perpetual and absolute.so it’s no marriage at all. (c) IRREGULAR       An irregular marriage is one that is not unlawful in itself, but unlawful for something else. In irregular marriage, irregularity arises from an accidental circumstance. ABSENCE OF IMPEDIMENT FOR VALID MARRIAGE Islamic law lays down some prohibitions to a valid marriage on different grounds. A Muslim can marry a person with whom marriage is allowed under Shariat Law .so there must be a complete absence of impediment for a valid marriage. MEANING OF IMPEDIMENT: Impediment to a valid marriage means to stop a person to marry a woman or a woman to marry a man on the grounds of consanguinity, affinity, or fosterage.  KINDS OF IMPEDIMENT 1.  PERMANENT Perpetual or permanent impediment to a valid marriage arises on account of consanguinity, fosterage, and affinity. In such a case, the impediment is absolute and eternal. 2.   TEMPORARY Temporary impediment arises from the prohibition in the way of marriage which is not permanent in its nature and the hindrance is liable to be removed. CONSANGUINITY His mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunt, great aunt. AFFINITY His wife’s mother or grandmother, his wife’s daughter or granddaughter, his father’s wife or paternal grandfather The wife of his son, or his son’s or daughter son. FOSTERAGE A man cannot marry his foster mother, or his foster sister and foster mother’s sister all come within the prohibited degrees. PLURALITY OF HUSBAND It is unlawful for a wife to have more than one husband at the same time. Such marriage under Islamic law is void ESSENTIALS OF MARRIAGE: OFFER (IJAB),ACCEPTANCE(QUBUL),SAME METTING,FREEDOM,CONSIDRATION,MAJORITY,OPPOSITE SEX,WETNESS