Right age for the Marriage ??

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

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

Aftab

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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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.

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.

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

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."

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

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.

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.  

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

Dear All,

Thanks a TON for ur valuable feedback.

Aftab

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

anyway marraige with 18(-) girls is illegal.