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Aftab4u (PVT EMPLOYEE)     28 November 2009

Right age for the Marriage ??

Dear All,

Namaste , A small query my friend is a muslim who is going to get married again in a month. He is a divorsee taken divorse as per the islamic law ( Waqf Board ) but his father in law is still harassing him that the islamic law is not valid and he cant marry again until the court of law does not issue the certificate of divorse.

Please suggest does a Muslim can marry after getting the divorse cerfificate from the Waqf board....as he pronounced " TALAQ " and given the meher amount also.

My friends age is 25 years and the girl who he is going to marry is the age of 16 years.the girl is the relative of my friend and the parents of girls side also doesnt have any problem for the marriage.Pls suggest can my friend marry or again some problem will be arised.

Pls give ur valuable guidance.

Thanks in advance

Aftab



Learning

 14 Replies

Faizan (Adviser and Advocate)     28 November 2009

Aftab Bhaijaan....

this Syed Faizan Naqvi(Advocate Allahabad high court)

your frnd will b in trouble if he marrys to a girl which u r talking about coz Waqf Board has no authority to give divorce certificate......

Only the court can give divorse certificate to her, so tell her to file a suite in lower court and get divorse certifacte from there and then marry your friend................

inshallah ur frnd get the grl....

Syed Faizan Naqvi

Faizannaqvi@in.com

 

Aftab4u (PVT EMPLOYEE)     28 November 2009

Bhaijaan , the below reply has given by one of the expert and i got it while searching the site. Pls suggest.

07 May 2009, 12:39
  
 
Advocate



[ Scorecard : 32]


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Dear Mr Mohammed Khaisuddin,
Since both of you are Muslims, you are governed by Mohammedan Law or Shariat.  No need for you to obtain divorce through Court of Law.  You follow what has been followed traditionally.  Don't bother about your wife's status, once she is divorced as per Shariat, she her options will be restricted.  Just because she is a class I officer or magistrate or judicial officer, law will not change of her. 
As per Shariat, once she is divorced, she will have no share in your property.  She can claim maintenance only during the period of idat and not beyond that.  The recent judgement, the Honourable Supreme Court has ruled that status and earning of women needs to be taken into consideration while allowing maintenance application. 
You are liable to maintain the child as per the Shariat, if son till he reaches adhulhood and if a daughter till she is married.  If the child is a boy, you can get his custody on his completion of 7 years of age.
If you think the marriage is not sustainable with all efforts in that direction, you have to option to divorce your wife as per Shariat.  Immediately, thereafter, you obtain an anticipatory bail.

Aftab

AEJAZ AHMED (Legal Consultant/Lawyer)     29 November 2009

Dear Aftab,

First of all I want to clarify you on few points:

As per Islamic/Quranic  law

(i)  every "Muslim" is having right to marry and have "Four" wives at a time.

(ii) to marry with second Girl, no need to take "Divorce" from First wife.

(iii) She must be " Major/ Baligh ".

Therefore legally nobody can harass you if you marry with the Girl as you stated. 

For your information, for Muslims, there is Muslim a Personal Law, and all the personal matters of Muslims are governed under the said act.  Kindly go through the following:

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THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937.ACT No. 26 OF 1937.[7th October, 1937.]
 

1.Short title and extent:

1...................

2.Application of Personal Law to Muslims.-

Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religion endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).

 

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Dear aftab your question is itself  not clear on the following point and thus reply of Mr. Faizan:

What do you mean by below two facts:

 He is a divorsee taken divorse as per the islamic law ( Waqf Board )

 Please suggest does a Muslim can marry after getting the divorse cerfificate from the Waqf board.

 

Did you got Divorce Certificate directly from Wakf Board, or in support of Qazi's Certificate you obtained Divorce Certificate again from Wakf board.  As per me second one is stated by you.. 

The actual procedure is you have to approach first to 'Qazi' then he will isuue Talaq Nama/Divorce Certificate, then you can get authenticate the same from Wakf Board and they will issue a Divorce Certificate in English language.  Directly no wakf Board will issue any Divorce Certificate.

If you followed as above then the Divorce Certificate is correct document.

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With concerned to  Faizan's reply I want to clarify you

For divorce, in case of Muslims, no need to proceed to court and file any suit for divorce.   As per ' Sharia' in the presence of Two Witnesses if any husband pronounce Tlaq it is valid and correct, then where is the question to approach court.

But there is once exception if the marriage is under Special Marriage act then they have to approach court for divorce.

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Hardik Mehta (Family Counsellor)     30 November 2009

Aftabu,

It would be better if the girl does not marry for another 2 years since her age is only 16 and she would not be matured enough to take the responsibility of the marriage. Secondly, I support Aejaz Ahmead above and what he informed is totally true.

 

H.D.Kumaravelu (Advocate)     30 November 2009

Sir,

As per your version the girl is 16 yrs. She is a minor  and there is an act which restrains child marriage. Rest of the opinion I agree with Aejaz Ahmed.

Aftab4u (PVT EMPLOYEE)     01 December 2009

Dear Sir,

Thanks for ur valuable reply.... I apologize that i was not clear stating my statement as Aijaz sir said rightly we have approached the Qazi and then they have issued the divorse certificate in english and urdu hope it is valid now.

As suggested by the experts pls suggest regarding the age of the girl...

Sir,

As per your version the girl is 16 yrs. She is a minor  and there is an act which restrains child marriage. Rest of the opinion I agree with Aejaz Ahmed.

 Aftabu,

It would be better if the girl does not marry for another 2 years since her age is only 16 and she would not be matured enough to take the responsibility of the marriage. Secondly, I support Aejaz Ahmead above and what he informed is totally true.

Dear Aftab,

First of all I want to clarify you on few points:

As per Islamic/Quranic  law

(i)  every "Muslim" is having right to marry and have "Four" wives at a time.

(ii) to marry with second Girl, no need to take "Divorce" from First wife.

(iii) She must be " Major/ Baligh ".

Sir.....what is meant by Major / Baligh what will be the age for that....as per some experts the baligh age is 15-Years as per the shariat.

Needs ur valuable advice.

Thanks in advance

Aftab

 

H.D.Kumaravelu (Advocate)     01 December 2009

Sir,

There is one case reported in Queen-Empress vs Chanda on 26/6/1895 by Allahabad High Court in which their lordship has given a finding as follows " There was a feeble attempt made to contend that the expressions "umr par ana," "jawan," and "baligh" refer to an age far above sixteen. We know of no authority for any such construction. The natural meaning of the word is the arriving at what is known as the age of puberty, and we must take the words in their natural and ordinary sense."

Aftab4u (PVT EMPLOYEE)     02 December 2009

Dear All,

Thanks for ur valuable guidence..... but still the climax is pending.

(iii) She must be " Major/ Baligh ".

What is the age for MAJOR / BALIGH as per shariat and court of law.

Can my friend marry the girl who is 16 years of age ??

Pls suggest.

Aftab

Hardik Mehta (Family Counsellor)     02 December 2009

Major / Baligh is adult, above 18 years and generally an adult is consider to be capable of taking full responsibility of his/her actions. In Muslims, 16 years can be considered as an adult.

 

Rajan Salvi (Lawyer)     04 December 2009

Just for information ; As per Hindu scripttures the best age for marriage for a man is to a girl/women who is half his age plus 4. 

Eg. If man is 30 then girl should be 15 plus 4 i.e. 19. 

It seems this formula was made to suit the male as it was a male dominating society.  

K. Rajendra Prakash (Advocate)     05 December 2009

I fully agree with Mr. AWK Mecci and Aejaz Ahmed.

Aftab4u (PVT EMPLOYEE)     10 December 2009

Dear All,

Thanks a TON for ur valuable feedback.

Aftab

Akanksha   15 May 2020

Aejaz Ahmed Sir, it was very kind of you to spare your valuable time to explain aftab in such a good way.

Sudhir Kumar, Advocate (Advocate)     18 May 2020

anyway marraige with 18(-) girls is illegal.


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