Muslim Marriage in Delhi
Muslim Marriage Act
Muslim Marriage or Nikah is held as a legal civil contract between a man and a woman carried out on the basis of ijab-o-qabool. Ijab is a proposal from one party and Qubool is acceptance from other. According to Sharia law, this contract is considered as integral to a religiously valid Islamic marriage that legalises sexual relation between man and woman to produce children. The contract is never permanent and can be broken at the will of husband and wife.
Muslim marriage laws differ vastly from the marriage laws of other religions. This article will explain all about marriages laws that a Muslim in India need to know about. Marriage in Islam, or Nikah, is not a sacrament (as in Hinduism), but a civil contract between a man and woman to live as husband and wife.
From a religious perspective, Muslim marriage act in indian constitution is also a devotional act, i.e., ibadat. The Prophet is reported to have said that marriage is obligatory (wajib) for every physically fit Muslim, that marriage is equal to jehad (holy war) and that he who marries completes half his religion, while the other half is completed by leading a virtuous life. Other schools of thought prescribe that the man must also have the means to earn a lawful livelihood, to pay Mahr and to support wife and children.
Marriage also partakes the nature of muamlat or worldly affairs and transactions among human beings. Marriage in Islam is a Sunnat, i.e., part of the practices, teachings, specific words, habits, customs and way of life, in dealing with family, friends and government, preached and practised by the Prophet himself. Singlehood, monasticism and celibacy are forbidden under Islam.
Muslim Marriage Law: Divorce
As per the Muslim marriage, law divorce is permitted under Islam and can be initiated by either party. The Quran forbids a man from seeking pretexts for divorcing his wife if she is obedient and faithful to him. The Prophet curtailed the unbridled power of divorce by the husband and provided the same right to the wife to be exercised on reasonable grounds. The same has been provided for in The Dissolution of Muslim Marriages Act, 1939. Divorce was permitted by the Prophet but not encouraged. The marriage can also be dissolved by mutual consent.
The grounds and rules of divorce vary for different sects. A minor married by his or her lawful guardian, other than the father or father’s father, can repudiate the marriage upon attaining puberty. After divorce, cohabitation between the couple becomes illegal and once the divorce is final, they cannot inherit property from each other. The amount of Mahr remaining, if any, becomes payable. The wife is entitled to maintenance during the period of iddat.
Remarriage between the couple is possible only if the divorced wife observes iddat, remarries and the second marriage in Islam in India is consummated and voluntarily dissolved by the second husband and the wife observes iddat again.
Muslim Marriage Law: Remarriage
According to the Muslim Marriage Law, widows and divorcees have the freedom to marry again. In the event of the death of husband or divorce, the woman must first observe a period of iddat, or a period of waiting, before she can remarry, irrespective of her age. If the marriage was dissolved by divorce and had been consummated, then the period of waiting is of 3 courses of her menstrual cycle or, if pregnant, till the delivery of the child. If the first marriage ended due to the death of the husband, then, irrespective of whether the marriage was consummated or not, the period of waiting is of 4 months and 10 days or, if pregnant, till the delivery of the child, whichever period is longer.
Registration of Muslim Marriage
Marriage registration is required in Muslims since a Muslim marriage is considered a civil contract. “Every marriage contracted between Muslims after the commencement of this Act shall be registered as hereinafter given, within thirty days from the end of the Nikah Ceremony,” according to Section 3 of the Muslim Marriages Registration Act 1981. Nikahnama is a form of legal document used in Muslim marriages that contains the marriage’s basic conditions and information.
Documents required for Muslim Marriage Registration
Following are the documents required for Muslim marriage registration:
- Marriage registration application form duly signed by both husband and wife
- Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport/ Birth Certificate)
- Address Proof of husband or wife (Voter ID/ Passport/ Aadhar)
- Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
- 3 passport size photographs of both the parties and two marriage photographs
- Marriage invitation card
- 3 witness having ID proof (2 passport size photograph each)
- Nikahnama or the certificate from a Religious place
Muslim Marriage Registration Procedure
Muslim marriage registration procedure in India varies from state to state under different state marriage registration act. Normally it’s registered under the Special marriage act 1954. Its 2-stage process:
Serving notice: This is the first stage of Muslim marriage
registration. All necessary documents should be submitted to the marriage registrar’s office. Husband, wife and 3 witnesses will have to visit physically to the registrar’s office. 30 days notice will be issued. If there is no objection from any side after 30 days couple can go for marriage registration.
Marriage registration: After 30 days from the date of issue of notice marriage registration can be done. To complete the procedure, a visit of the husband, wife and witnesses is required. After completion of the procedure marriage certificate will be issued.
