Muslim Law Notes - GGSIP Syllabus

Muslim Law : Muslim Marriage and Dissolution of Marriage

Who is a Muslim?

Muslim is a person who follows Islamic region. A Muslim person believes in only one God, Allah and prophet Muhammad is his messenger. Muslims do not practice any ideal worship. 

There are two types of Muslim :

1. Muslim by birth : A person who's both parents are Muslim will also become a Muslim or a person who's one parent (who's upbringing the child) is a Muslim even then the child will be a Muslim.

2. Muslim by conversion : This refers to a person who later converts her/himself into Islamic religion.

Essentials for Conversions

• The person should be of sound mind.
• The person should be a major.
• The n should not be disqualified.
• It should happen by free consent.
• For the conversion the person shall utter a statement that “ I believe in one God , Allah and their is Prophet Mohammed , the messenger of Allah . ” before Qazi and witnesses 
• Then a Muslin name shall be given to that person .
• The person shall take an oath claiming he is renouncing old religion.

Sources of Muslim Law

There are 4 main sources of Muslim law :

• The Quran
o It Is the divine communication Between Angel Gabriel and Prophet Mohammed. It has 114 chapters ( Sura )and 6 666 verses ( ayat).

• Hadit
o Hadit is known as the teachings of Prophet.

• Ijma
o It refers to consensual opinions of jurists.

• Qias 
o It refers to analogical deduction.

Marriage Under Muslim Law

The term marriage refers to the legal process for cohabitation between a man and a woman for procreation of children.

The purpose of marriage is to serve emotional and sexual gratification.

Section 2, Muslim Women Protection of Rights On Divorce Act, states marriage as a solemn pact between a man and a woman.

Essentials of marriage:

• There must be a proposal (offer) and an acceptance to that proposal. Muslim marriage is contractual in nature.

 Proposal to marriage is known as ijab and acceptance to that proposal is known as qubool. Therefore, Muslim wedding is also known as ijab-e-qubool.

• There must be a consideration, known as dower as consideration is an essential element of a contract.

• Requirement of witnesses :

In Shia law there's no required for a witness. On the other hand, in Sunni law, either 2 male witnesses or 1 male & 2 female witnesses are required.

As witness of 1 woman = half. 

• Parties must be competent :

- Age of majority for marriage isn’t defined in Muslim law in accordance with the Indian Majority Act. Therefore, age of puberty is taken for the marriage.
- Parties must be of sound mind.
- They shouldn’t be disqualified from the society.

• There should be free consent for marriage.

• A marriage with a woman is prohibited by the reason of consanguinity. The term refers to the descendent of same ancestral blood relations. It bars a man from marrying his :

• Grandmother.
• Wife’s daughter/ granddaughter.
• Wife to her father/ paternal grandfather.
• Both maternal and paternal aunts.
• Sister (whether consanguine or full sister or uterine sister).

• A Muslim girl can marry a Muslim boy only.

• A person cannot marry her foster mother, foster sister, foster daughter.

Term fosterage refers to a situation when a child under age of 2, is suckled by another mother then she becomes her foster mother.

• Iddat period

It refers to the waiting period. A period wherein a man has to wait before seeking remarriage from a woman who has been divorced recently or whose husband has died. 

This period lasts for 3 months. 

In case a woman is pregnant then the iddat period lasts till delivery.

• A Muslim man cannot marry while he's on a pilgrimage.

• Plurality of marriage:

A Muslim woman isn't allowed to remarry while her former husband is alive. Polyandry is strictly prohibited.

Whereas, a Muslim man cannot have more than 4 marriages. If he marries for the 5th time then that marriage will be considered irregular.

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