Concept of marriage in Islam

Marriage is termed as an agreement (Aqd) or a contract according to Islamic Law. In order to enter into a valid marriage, the free will or consent of both the parties is required. Normally the guardians and parents of the man and woman choose a particular life partner however the decision to marry or not is to be made by the adult male or female who are going to be married. In Islam, both man and woman are given equal rights to select their life partner according to their own will and undue influence of any other person is not permitted. This fact is evident from the following verse of holy Quran.

‘Do not inherit women against their will’ (4:19-Quran)

A hadith in this regard is also quoted as under.

An unmarried girl came to Holy Prophet Hazrat Muhammad (SAW) and said that her father had married her against her consent, so the Holy prophet permitted her to exercise her choice. (Abu Da’ud on authority of Ibn’ Abbas)

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Therefore, it is now clear that every adult man or woman is free to enter into a legal marriage relationship as per Islamic law.

Terms and conditions of Islamic Marriage

In order to enter into a valid marital relationship, following are the terms and conditions that are required to keep in mind.

  • Proposal (Aijaab): A male or female adult person must send a valid proposal to the other person.
  • Acceptance (Qabool): There must be an acceptance of such a proposal by the other person.
  • Age: Both the persons who are going to be married must have attained the age of puberty. Moreover, they could exercise their free will and enter into a contract of marriage without any undue influence.
  • Consideration: The consideration is given by the male person to the female in shape of a Mehar. It may be consisted of any valuable object like ring, necklace or a sum of money.
  • Intention: The parties to the marriage contract must have a clear intention to observe all the rights and duties related to a marital relationship.

Dissolution of marriage

If the married couple after passage of sometime feel that it is not possible for them to continue their marital relationship, anyone of them can seek the right of dissolution of marriage. For dissolution of marriage there is no need to prove the factors that are considered as the basic reason to exercise such a right.

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The divorce is pronounced by the husband, as prescribed by the Islamic law. However, he needs to follow certain procedure to pronounce a valid divorce. On the other hand, if woman is not happy with the relationship of her husband she can ask him to dissolve the marriage and if he is reluctant to pronounce a divorce then such a wife can seek Khulka (Divorce) from the court of law.

In case a man pronounces a divorce to his wife, he is bound by Islamic law to pay the maintenance expenses to his wife. If a woman seeks Khula then she would have to return the amount or part of it, which she had received in shape of dower.

  

 

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