Sunday, May 26, 2024

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ESSENTIALS OF MARRIAGE

Discuss the main essentials of Muslim marriage.
OR
What are the main conditions which parties have to fulfil to perform a valid marriage under Muslim law?

Marriage is such institution that creates mutual rights and liabilities and if two parties unite themselves by performing a valid marriage then it is obligatory for them to fulfil these mutual rights and liabilities. If any of the spouse does not perform his matrimonial obligations then other spouse has the right to claim matrimonial relief but for this, he has to file a petition before the court of law.
The court will grant the matrimonial relief only if there will be a valid marriage between the parties. Because only a valid marriage gives right to the parties to enjoy all the rights and obligations to the full extent.
Every religion prescribes certain conditions and parties can solemnize a valid marriage only if they fulfil these conditions and only in case of valid marriage, court can grant matrimonial relief to an aggrieved party.
In the same way, Muslim religion prescribes a certain conditions to solemnize a valid marriage. According to Muslim religion, marriage is contractual in nature that is why, according to this religion if parties want to perform a valid marriage they must be of sound mind and capable of giving a free consent.
Moreover, under this religion, marriage is performed through offer and acceptance. So, one party must make an offer to another party and the latter party must accept that offer. But all these things must be done in the same meeting and at once. It means in a same meeting one party must make an offer and in that meeting only the another party must accept that offer.
Under this religion, offer and acceptance of marriage must be in the presence and hearing of two male witnesses who must be Muslim, major and of sound mind. According to Muslim law, offer and acceptance must be clear and unequivocal and if parties are major than they themselves can make an offer and acceptance but if parties are minor or lunatic then on their behalf guardians can perform all the requisite conditions.
According to Muslim law a person is considered major if he has attained the age of puberty that is when he becomes capable of having sexual intercourse and in this religion, it is considered that at the age of 15 years a person attains puberty. So, according to Muslim law, age of marriage is 15 years and after attaining this age, the parties become capable of giving free consent and solemnize a valid marriage.
Hence, it can be said that these are the main conditions according to Muslim law which parties have to fulfil if they want to solemnize a valid marriage under the Muslim religion

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