Scope of Mulsim Law in India

Muslim law in India, also known as Islamic law or Sharia law, is a significant part of the
country's legal system, particularly in the context of personal laws. The scope of Muslim law
in India covers several aspects of the lives of Muslims, including marriage, divorce,
inheritance, and other family-related matters. Here's an overview of the key areas:

1. Personal Law
-Marriage (Nikah): Muslim marriage is considered a contract rather than a sacrament. The
laws governing marriage, including the conditions for a valid marriage, dower (Mehr), and the
rights and duties of spouses, are derived from Islamic texts and customs.
- Divorce (Talaq): Divorce can occur through different methods under Muslim law, includ ing
Talaq (unilateral divorce by the husband), Khula (divorce initiated by the wife), and Mubarat
(mutual consent). The Supreme Court of India has also ruled against instant triple talaq, making
it illegal.
- Maintenance (Nafaqa): Muslim women are entitled to maintenance during the marriage and
after divorce. The extent of this maintenance can vary and is often subject to interpretatio n
based on various factors.
- Inheritance: Muslim inheritance laws are based on specific principles outlined in the Quran.
The property is divided among heirs according to fixed shares, with male heirs typically
receiving a larger share than female heirs.

2. Criminal Law
- Muslim law does not have a separate criminal code in India. Muslims in India are subject
to the same criminal laws as other citizens, governed by the Indian Penal Code (IPC) and the
Code of Criminal Procedure (CrPC).

3. Application of Muslim Law

- Who it applies to: Muslim law in India applies to individuals who identify as Muslims. The
personal law is not uniform across all Muslims and may differ between Sunni and Shia sects.
- Judicial Precedents: Indian courts play a significant role in interpreting Muslim law, and
judicial decisions have shaped the application of these laws over time.

4. Legislation and Reforms

- **Muslim Personal Law (Shariat) Application Act, 1937: This Act governs the applicatio n
of Muslim personal law to Muslims in India, covering areas like marriage, divorce,
maintenance, and inheritance.
 - The Dissolution of Muslim Marriages Act, 1939: This Act provides Muslim women with
grounds to seek divorce under specific circumstances.
- Sharia Reforms: Over the years, there have been debates and discussions around reforming
Muslim personal laws in India to ensure gender equality and human rights. These discussio ns
are ongoing and reflect the tension between traditional religious practices and modern legal
principles.

5. Judicial Review and Constitutionality

- Muslim law in India is subject to the Constitution of India. The judiciary has intervened in
several cases to ensure that personal laws do not contravene the principles of justice, equality,
and fundamental rights enshrined in the Constitution.

6. Community and Religious Autonomy

- Muslim law in India operates within the broader context of secularism and religio us
freedom. While Muslims have the autonomy to follow their personal laws, this autonomy is
balanced by the need to protect individual rights and promote social justice.

The scope of Muslim law in India is thus quite broad, encompassing various aspects of personal
life while interacting with the broader legal framework of the country. It is a dynamic area of
law that continues to evolve through legislative changes and judicial interpretation.

About Islamic law

Islamic law, also known as Sharia, is a legal system based on the religious precepts of Islam,
particularly the Quran (the holy book of Islam) and the Hadith (the sayings and practices of the
Prophet Muhammad). Sharia governs not only religious rituals but also aspects of day-to-day
life, including morality, family matters, finance, and criminal justice. It is a comprehens ive
legal and ethical framework that guides the behavior of Muslims.

1. Sources of Islamic Law

-Quran:The primary and most authoritative source of Islamic law. It contains direct
commandments from God (Allah) and is considered the final revelation to humanity.
- Hadith: A collection of sayings, actions, and approvals of the Prophet Muhammad. The
Hadith complements the Quran and provides guidance on areas where the Quran is silent or
ambiguous.
- Ijma (Consensus): The consensus of Islamic scholars on certain legal issues. It is considered
authoritative when there is unanimous agreement among scholars on a particular issue.
 - Qiyas (Analogical Reasoning): The process of deriving legal rulings for new situations by
drawing analogies with the Quran, Hadith, or Ijma.

2. Branches of Islamic Law

- Ibadat (Worship): This branch deals with the rules and regulations of worship and religio us
rituals, including prayers (Salah), fasting (Sawm), pilgrimage (Hajj), and almsgiving (Zakat).
- Mu'amalat (Social Transactions): This branch governs civil and economic interactio ns,
including contracts, marriage, divorce, inheritance, and business transactions.
- Uqubat (Criminal Law): Islamic criminal law includes the laws of retribution (Qisas), theft,
adultery, and other offenses, with specific punishments prescribed in the Quran and Hadith.
- Adab (Manners and Morals): This branch covers the ethical and moral conduct of Muslims
in their daily lives.

3. Schools of Islamic Jurisprudence (Madhhab)

- Islamic law is interpreted and applied through different schools of jurisprudence. The major
Sunni schools are:
- Hanafi: The most flexible and widespread school, with a strong emphasis on reason and
analogy.
- Maliki: Focuses on the practices of the people of Medina as a source of law, with an
emphasis on communal welfare.
- Shafi'i: Prioritizes the Quran and Hadith as primary sources, with a structured legal
methodology.
- Hanbali: The most conservative and literalist school, with a strong reliance on the Quran
and Hadith.

- Shia Islam has its own jurisprudential school called Ja'fari or Imami, which has its unique
interpretations and sources of law.

4. Application of Islamic Law

- Personal Status Laws: In many Muslim-majority countries, Islamic law governs personal
matters like marriage, divorce, and inheritance.
- Criminal Laws: In some countries, Islamic law is applied to criminal matters, although the
extent of its application varies. Hudud punishments (fixed punishments for specific crimes like
theft, adultery, and apostasy) are among the most severe and controversial aspects of Islamic
criminal law.
 - Civil and Commercial Laws: Islamic law also has rules for commercial transactions, finance
(including Islamic banking and prohibition of interest), and civil disputes.

5. Islamic Law and Modernity

- Islamic law interacts with modern legal systems in various ways. In some countries, it is
fully integrated into the national legal system, while in others, it coexists with secular laws.
- There are ongoing debates within the Muslim world about reforming or reinterpreting
Islamic law to address contemporary issues, such as human rights, gender equality, and modern
state governance.

6. Ethical and Moral Principles

- Islamic law is not just a legal code but also a moral and ethical guide. It emphasizes justice,
compassion, mercy, and the welfare of the community. These principles underpin the legal
rulings and the broader social and moral framework within Islam.

Islamic law is a complex and multifaceted system that influences the lives of Muslims across
the world, both in their personal and public lives. It is a dynamic legal tradition that has evolved
over centuries and continues to adapt to changing circumstances while maintaining its core
religious foundations.

Origin of Muslim Law

Muslim law or Islamic law is known to be originated from the divine and not like the man-
made laws that are passed by the lawmakers and are governed by the principles of modern
systems of law. Islam signifies submission to the will of God and means peace, purity,
salvation, and obedience. Muslims believe that there is only one god, Allah.

The traditional Islamic law or Islam's legal system is well known as Sharia, it is an Arabic word
which in the literal sense is referred to as the way. Sharia is originated from Allah and that is
the reason that Muslims consider it as holy. Muslims considered it a word of god' which
regulate and evaluate human conduct. The Sharia is also derived from Prophet Mohammed's
principles and by some of the Muslim legal scholars who interpreted his teachings. It is said
that Islamic jurisprudence is also something that goes back to the lifetime of Mohammed. For
Muslims, the Quran' is the only disclosed book of Allah.
In the case of Narantakath v. Prakkal (1922) ILR 45 Mad 986, it was stated that there are two
basic beliefs of Muslims, first, the existence and oneness of God, and second was the belief in
the truth of Prophet Mohammed's mission.

Sources of Muslim Law

The primary sources of Muslim law are the Quran, the Sunnat (the way of the Prophet), the
Ijma (consensus of Islamic scholars), and the Qiyas (reasoning by analogy). Other secondary
sources are judicial decisions, customs and legislation.

Primary Sources:
Quran
The word Quran is derived from the Arabic word Qurra which means to read. Every word of
Quran is the word of god, communicated to the Prophet Mohammed through angel Gabriel for
the benefit of mankind, at different times, places, and situations during the period from 609 to
632 A.D (23 years).

The whole body of the Quran was given to the world in small incomplete parts during the
lifetime of the Prophet. The Quran was never compiled or arranged in a proper form. In the
starting, it was written down on palm leaves, skin or parchment, so it was available in this form
only.

The Quran was structured in Arabic and it consists of 114 chapters, which are known as suras.
The suras contain 6666 verses which are called Ayats and the total number of 77, 934 words.
Out of these verses, 200 dealt with legal principles such as marriage, maintenance, transfer of
property, inheritance, etc. The Quran was disclosed over two periods which are:
Meccan and Medina
The words of the Quran is divine in nature, it cannot be amended, revised, or modified by any
institution or human agency. The sacred book has been translated into a number of langua ges
as well.
Aga Mohammad Jaffer v. Koolsom Beebee and others,
It was a judgment delivered by the Privy Council on 7th April 1897.
It was observed that where a passage of the Quran was interpreted in both Hedaya (a work of
Sunni Law), and in the Imamia (a work of the Shia Law) it was not open to a judge to construe
it in a different manner.
The courts should not compare any traditional settled law with Quran.
The Sunnat
Sunnat is also known as Hadis or Sunna, it is the traditions of the Prophet Mohammed. The
term Sunnat means a procedure, the trodden path or a way of action. Quran consists of the
words of Allah but on the other hand, Sunnat indicates some precedents, acts, language, and
the practice of the Prophet. Whatever the actions of the Prophet were or the Prophet said or did
was considered as a tradition. According to Islamic law, there are two types of revelations i.e.
manifest (Zahir) and internal (Batin).

The Traditions of Sunna comprises of:

Sunnat-ul-Fail
Sunnat -ul-Tuqrir
Sunnat-ul-Qaul
Sometimes, the Prophet gave his opinion or after consulting with some of his companions but
most of his verdicts were influenced by divine authority. He was considered as a role model
and others were inspired by whatever he did. This was known as Sunnat-ul-fail, which means
whatever he did by himself.
There were many instances when in his presence people did some acts which were in
accordance with the Quran. The acts of the people which he allowed without openly expressing
his consent through words were known as Sunnat -ul-Tuqrir'. All the enjoined words & the
precepts of the Prophet were known as Sunnat-ul-Qaul.

Ijma
Ijma is a consensus within Muslim jurists on a particular legal issue. In simpler words when
Quran and other traditions were not able to provide any rule of law for a particular problem,
the jurists unanimously gave their decision and this was referred to as Ijma.
Those people who had much knowledge and learning about the law were known as Mujtahids
(jurists). The Ijma derives its power and authority from both the Quran and the Sunnat due to
which it can never be contradictory to anyone of them.
There are two types of Ijma or consensus:
Ijma-al-ummah (community consensus)
Ijma-al-aimmah (religious authorities consensus)

Qiyas
Qiyas is the fourth primary source of Islamic law, it means analogical reasoning. The term in
the literal sense is known measuring or ascertaining the length, quality, and weight of
something. There are no clear authorities of Qiyas in the Quran. However, many legal jurists
 have provided several proofs from the Quran and Sunnat and also from the practices done by
the companions as indirect evidence to support the authority of Qiyas.

The Hanafi school of thought very strongly supports Qiyas. As Abu Hanifa quoted - The
knowledge of ours is an opinion; it is the best we have been able to achieve. He who can arrive
at different conclusions is entitled to his own opinion as we are entitled to our own.

Secondary Sources
Judicial Decisions
Our Indian judiciary at several instances interpreted Muslim law in several cases. All these
interpretations is generally relied upon primary sources. Legislation, opinion of jurists and
courts have settled many important legal anomalies using judicial interpretations.
Customs
Customs are basically practices that people follow continuously for a long period of time. In
fact, it is followed for so long that it obtains the status of law in some cases. In Muslim law
there are various customs which regulate the practices of people.
Legislation
Muslim law in India is not codified, but the parliament has made some laws to regulate Islamic
practices. For ex. The Muslim personal law (Shariat) Application Act, 1939.This act deals with
the marriage, succession, inheritance and charities among Muslims.

Who is a Muslim?
The term Muslim means submission. A Muslim is a person who follows Islam. Muslim law
applies to a born Muslim or a person who is a convert Muslim.

Following are the two categories:

1. Muslims by Birth or Origin: A child whose both parents are Muslim is a Muslim and even if
one of the parents is a Muslim the child will be Muslim.
2. By Religion or Conversion: A convert is a person who renounces his faith and adopts another
religion but the conversion should be bonafide and not with any ulterior motive or intention.
In the case of Sarla Mudgal v. Union of India (1995 AIR 1531) The husband was already
married under Hindu law and he embraced Islam and solemnized a second marriage under
 Muslim Law. The court held that the second marriage of a Hindu husband after conversion to
Islam without having his first marriage dissolved under Hindu law would be invalid.

In Lily Thomas v. Union of India (AIR 2000 SC 1650) the Supreme court held that one
personal law cannot be used to defeat the spirit or purpose of another personal law. The
Supreme Court held that the husband is guilty of the offence of bigamy under section 494 of
IPC.

In Azima Bibi v. Munshi Samalanand, (1912) 17 CWN 121, it was observed that a child born
out of a Muslim couple would be Muslim, even if he by choice goes to a Hindu temple. The
person would be a Muslim, till the time he does not renounce his religion and converts to
another religion.

In Bhaiya Sher Babadur v. Bhaiya Ganga Baksh Singh, (1914) 41 IA 1, it was held that

if a Muslim woman has a child from a Hindu man but the child from the time he was born was
brought up as a Hindu, then, in this case, he would be called

Under Muslim law, if a married man renounces his religion then in that case his marriage ends
immediately but this is not the case for Muslim women who convert, her marriage would not
come to an end if her marriage was done according to the rituals of Muslim law. Unless and
until she was a convert Muslim and again re-embraces her faith.

The Five Commandments of Islam are the basis of the Islamic faith. They are the core beliefs
and practices that Muslims must follow

1. Shahada (Profession of Faith) :- It is the most fundamental expression of Islamic beliefs. It

simply “There is no god but God, and Muhammad is the Messenger of God”
2. Salah/ Namaj (Prayer) :- Prayer rituals are required of each Muslim, and they take place five
times a day, every day of the year. Prayer includes a reading from the beginning of the Quran,
the sura, followed by prayer and reflection.
3. Zakat (Almsgiving):- The practice of charity is important in the Islamic faith, as Zakat .
During their lives, Muslims are expected to give a fixed portion of their wealth to those less
fortunate than themselves. Popular recipients of donations include the homeless, refugees of
conflict, and people affected by natural disasters. The money provides housing, food, and
clothing in most organizations.
4. Sawm / Roza (Fasting):- Fasting in the month of Ramadan is mandatory for every adult
Muslim, in which Muslims fast from dawn to dusk.
5. Hajj (Pilgrimage):- All Muslims who are able are required to make the Pilgrimage to Mecca
and the surrounding holy sites at least once in their lives
Although the Five Pillars have remained the same since the founding of the faith by the Prophet
Muhammad in the seventh century, they have been slightly adapted to fit the needs of the
present. For example, the Hajj used to be required every year, but now in many cases a person
only needs it once in a lifetime.Muslims who wish to live a life like Muhammad are expected
to complete the Five Pillars and participate in rituals of the faith as far as possible.

SCHOOLS OF MUSLIM LAW

The Holy Qur’an, Tradition and Ijtihad are the three main sources of Islamic law which govern
and regulate all aspects of a Muslim’s public and private life. These laws relate to religio us
worship, prohibitions, and all contracts and obligations that arise in social life such as
inheritance, marriage, divorce, punishments, conduct of war and the administration of the state.

The science of these religious laws is called Fiqah and the expert in this field such as a jurist
is called a faqih (plural: fuqaha).

We read that Ijtihad, or the exercise of judgement, is a valid source of Islamic laws in areas
where the Holy Qur’an and the Traditions are not explicit. But the exercise of this independent
judgement can only be left in the hands of proper scholars of the Holy Qur’an and the Traditio n.

The vast majority of Muslims give this right of independent reasoning to only four ancient
Muslim theologians and jurists who lived in the first three centuries of Islam. These four fuqaha
are:

Imam Abu Hanifa of Kufa

Imam Malik bin Anas of Medinah
Imam Muhammad al-Shafi of Medinah
Imam Ahmad bin Hanbal of Baghdad

Although a number of other jurists also became popular during their times, only the above four
are now recognised by the vast majority of Sunni Muslims. These four great jurists and
theologians tried to systemise the Islamic law into a comprehensive rational system which
covered all possible legal situations. The four prominent schools of Islamic law are named after
their founders and are called the Hanafiyya, the Malikiyya, the Shafiyya, and the Hanbaliyya
schools of religious law.

Most Muslims regard these four schools as equally valid interpretations of the religious law of
Islam. These schools are in good agreement on all essential aspects of the religion of Islam.
They all acknowledge the authority of the Holy Qur’an and the Traditions as the ultimate source
of the Islamic law. Only in areas and situations where these two sources are silent, do the four
schools use their independent reasoning in which they may differ with each other.

1. The Hanafi School

The earliest school formed was by Imam Abu Hanifa (699-767 A.D.) of Kufa. It generally
reflects the views of the jurists of Iraq. Abu Hanifa did not compose or write any books on law
himself, but his numerous discussions and opinions as recorded by his disciples, form the basis
of this school.

As a theologian and a religious lawyer, Abu Hanifa exercised considerable influence in his
time. His legal thought is very consistent, uses high degree of reasoning, avoids extremes, and
lays great emphasis on the ideas of the Muslim community. The Ahmadi Muslims generally
follow the Hanafiyya school of law.

Other areas in which this school has a following include Turkey, the countries of the Fertile
Crescent, Lower Egypt and India.

2. The Maliki School

The next school of law in order of time was the one founded by Imam Malik bin Anas (d. 795
A.D.) of Medinah and reflects the views and practises associated with that city. Imam Malik
served as a judge in Medinah and compiled all his decisions in a book form called al-Muwatta
(the Levelled Path).

Like the jurists of Iraq, Imam Malik preferred to depend more on the Traditions associated with
the Companions of the Holy Prophet.

The adherents of this school are predominantly in North African countries.

3. The Shafi’i School

The third school was founded by Imam al-Shafi (d. 820 A.D.) who was a disciple of Imam
Malik. Imam Shafi placed great importance on the Traditions of the Holy Prophet Muhammad,
may peace and blessings of Allah be upon him, and explicitly formulated the rules for
establishing the Islamic law. He was a great thinker, had an unusual grasp of principles and a
clear understanding of the judicial problems.

This school is strong in Lower Egypt, Syria, India and Indonesia.

4. The Hanbali School

This school was founded by Imam Ahmad bin Hanbal (d. 855 A.D.) of Baghdad. Imam Hanbal
did not establish a separate school himself; this was rather done by his disciples and followers.

The Hanbaliyya was the most conservative of the four schools. Its rigidity and intolera nce
eventually caused its decline over the years. In the eighteenth century, however, this school
was revived with the rise of Wahhabism and the growing influence of the House of Sa’ud.
Today, Hanbaliyya school is followed only in Saudi Arabia.

The Hanbalis insist on the literal injunctions of the Holy Qur’an and the Hadith and are very
strict in the observance of religious duties.

Although the Muslims generally apply the Islamic law according to the principles and details
laid down by the four ancient jurists, legal situations keep arising from time to time for which
there are no clear answers in these early schools of law. To cope with this changing aspect of
Islamic society, particularly in the light of new facts, specialists in the field of Islamic law are
asked to give their decisions using the traditional tools of legal science. Such a decision is
called aIntroduction

▪ At the time of the death of the Prophet, there was a quarrel between the two groups for
imamate (the temporal leadership of the religion).

▪ One group advocated the principle of the election in choosing the ‘Imam’, this group
is known as ‘Sunni’. The adherents to the ‘Sunni’ doctrine are
called ‘Sunni Muslims’.

▪ While, the other group opposed the principle of the election in choosing the ‘Imam’ and
proclaimed that ‘Ali’ is the successor of the ‘Prophet’.
 o They firmly believe that imamat must be devolved upon the successors of the
prophet, i.e.

• Ali, the son in law

• Fatima, the daughter of Prophet.

o This group is known as ‘Shia’.

▪ Thus, there are two main schools of Muslim Law:

o Sunni school

o Shia school

Sunni Schools

In Sunni sect, there are four major schools of Muslim law which are as follows:

1. Hanafi School (699 AD – 767 AD):

▪ ‘Hanafi School’ is the first and the most popular schools in Muslim law.

o Before being named ‘Hanafi’, this school was known as ‘Kufa School’ which
was based on the name of the city of Koofa in Iraq.

o Later, this school was renamed ‘Hanafi School’ based on the name of its
founder ‘Abu Hanafi’.

▪ The founder of this school was ‘Imam Abu Hanifa’. He had two most important
disciples:

o Abu Yusuf

o Imam Muhammad.
 ▪ In India, most of the Muslims follow ‘Hanafi school’. This school was followed in
China, Pakistan, Afghanistan, Turkey as well. Among the entire Muslim population
around the world, the followers of this school are one third.

o They followed a simple methodology and were amongst the most popular and
prevalent schools.

▪ They did not rely much on the prophet’s hadiths until they were proved to be true
beyond a reasonable doubt. They relied very much on Qiyas. They even
extended ‘Ijma’ and gave preference to ‘Isthiasan’.

o This school was believed to be stricter than other schools in lifting traditions.

o Also, in the application of the law, Abu Hanifa believed that it is important to
rely on usages and local authorities.

2. Maliki School (711 AD – 795 AD):

▪ ‘Imam Malik’ was the founder of this school. This school gets its name from Malik-
bin-Anas. He was the ‘Mufti of Madina’.

o During his period the ‘Kufa’ was considered as the capital of

Muslim ‘Khaleefa’ where ‘Imam Abu Haneefa’ and his disciples flouris hed
with ‘Hanafi’ Schools.

▪ People of ‘Madina’ also followed a certain way of ‘Islam’, this way was also followed
by the ‘Maliki School’ and accepted the practices of the people of ‘Medina’ and the
sayings of the companions of the prophet.

▪ They followed ‘Qiyas’ only when the ‘Quran’ or ‘Sunnat’ were silent on that
particular matter. They also followed the ‘Public Interest’ –Al-masalih, al- mursalah.

o The pupils of ‘Iman Malik’ were ‘Imam Muhan’ and ‘Imam Shafi’.

▪ This school was popularly followed in North Africa, Morocco, Spain, Algeria,
Tanzania, etc.

3. Shafi School (767 AD – 820 AD):

 ▪ Imam Muhammad Ibn Idris Ash-Shafi was the founder of this school. He was the
student of Imam Malik of Madina

o Then he started working with the disciples of ‘Imam Abu Haneefa’ and went
to ‘Kufa’.

▪ He concluded the ideas and the theories of ‘Hanafi School’ and ‘Maliki School’ in a
friendly manner.

o The ‘Imam Shafi’ was considered as one of the greatest jurists of Islam. He
created the classical theory of the Shafi’s Islamic Jurisprudence.

▪ The followers followed all four sources and rejected the public interest methodology
followed by the ‘Maliki school’ and were also not in favor of ‘Isthiasan’.

o He was the first person to collect ‘Sources of Law’.

▪ Their teachings were popular in Lebanon, Syria, Egypt, and some parts of Iraq,
Pakistan, Iran, Yaman, and India as well.

4. Hanbali School (780 AD – 855 AD):

▪ ‘Ahmad bin Hanbal’ was the founder of the ‘Hanbali School’ of Islamic
Jurisprudence.

▪ They were strict regarding the traditions of the ‘Prophet’ and strictly confirmed to
the principle of Hadiths.

o Their methodology depended on the Quran, Ijma, and Sunnat.

▪ They followed ‘Qiyas’ only when they believed it to be necessary. They were dominant
in Saudi Arabia mostly.

Shia Schools

▪ Shia Sect is considered as the minority in the ‘Muslim’ world. They enjoy the politica l
power only in Iran though they don’t have the majority in that state also. As per Shia
Sect, there are three schools of law:
1. Ithna-Ashari:

▪ These schools are based on the followings of ‘Ithna-Ashari’ laws. The followers of
these schools are mostly found in Iraq and Iran.

▪ In India too, the majority of ‘Shia Muslim’ follow the principles of the Ithna-
Ashari School.

o They are considered political quietists. This school is considered as the most
dominant school of the ‘Shia Muslims’.

▪ The Ja’fari Fiqh of the ‘Shias’ in most cases is indistinguishable from one or more of
the four Sunni madhahib, except mutah is considered as a lawful marriage.

▪ The people who follow the ‘Ithna Asharis’ school believe that the last of the Imams
disappeared and will be returning as Mehdi (Messiah).

2.The Ismailis:

▪ The school of ‘Ismailis’ accepted only seven ‘Imams’ and were hence known as
the ‘Seveners’. Their origin could be traced to Egypt. There are two groups of them
namely:

o The Kohojas or Eastern Isamilis who were believed to be followers of ‘Aga

Khan’ who was the 49th Imam in the line of the prophet.

o Western Ismailis popularly called ‘Bohoras’ who were divided among

the ‘Sulaymanis and Daudis’. They prevailed in Central Asia, East Africa,
Arabia, Pakistan, Syria, and Iran.

3. Zaidya:

▪ Imam Zaid founded this school.

▪ The followers of this school believed that ‘Imam’ should be based on election, so the
succession in this school is through the election. They believed ‘Imam’ to be above all
and considered him as a ‘right guide’.
 ▪ The followers of this school are not found in India but are maximum in number in South
Arabia. This sect of the ‘Shia school’ is the most dominant among all in ‘Yemen’.

▪ The followers of these schools are considered political activists. They often reject
the ‘Twelver Shia’ school philosophies.

fatwa and the religious scholar who gives this decision is called a mufti.

Muslim Marriage (Nikah):

It is a contract that only requires the fulfillment of the conditions of a valid contract of
marriage. No ceremony required for marriage.

What are the essential conditions of a valid contract of nikah?

There are four essential elements of a valid contract of marriage such as follows:
• The party must have the capacity to contract marriage.

o Sound mind
o Age of Puberty (it is not mandatory that his guardians agree to fulfill the
conditions of mahr).
o Can marry in a different religion:
i. A women cannot marry any other religion man under Muslim Law.
ii. A Sunni mohammedan man can marry a non Muslim women if she is
kitabia.
iii. A Shia mohammedan man cannot marry a non Muslim women even if
she is kitabia.
o If the other religion person converts to Islam before marriage then there is no
bar.

• There should be a proposal (ijab) and also there should be acceptance (qubul) of the
proposal which should be expressed in one meeting means at the same time when the
proposal needs to be accepted in front of;

o Two male witnesses or

o One male and two female witnesses

• There should be no impediment (obstruction) to the marriage.

What are the three different kinds of nikah?
There are three different types of marriage such as follows:
• Sahih nikah is known as a valid marriage. Which fulfills all the conditions of a valid
contract of marriage.
• Batil nikah is known as a void marriage.
o A married woman cannot contract another marriage while her husband is alive
and the marriage is subsisting; such marriage is void.
o The bar of consanguinity renders a marriage void of prohibited relationships. A
man cannot marry;

i. His ascendants means mother/grandmother/how high soever.

ii. His descendants means daughter/grand daughter/how low so ever.
iii. His sister whether full (same parents), consanguine (different mother) or
uterine (different father).
iv. His niece/great niece/how low so ever.
v. His aunt/great aunt/how high soever.
o Fosterage is another impediment to a valid Muslim marriage.

• Fasid nikah is known as an irregular or a voidable marriage which becomes valid after
removing the obstacles.

o Absence of witnesses is considered an irregular marriage but after

acknowledgment of witnesses can remove its irregularity.
o Marriage with a fifth wife is considered as an irregular marriage but if he
divorced any one from his four wife can remove its irregularity.
o Marrying a woman who is undergoing an iddat period is considered an irregular
marriage but once the iddat period expires, it automatically removes its
irregularity.
o Marriage prohibited by reason of difference of religion is also considered as an
irregular marriage but after conversion of religion automatically removes its
irregularity.
o Marriage with woman so related to the his previous wife that if one of them had
been male they could not have lawfully intermarriage but after divorcing the
wife who is the obstacle automatically removes its irregular ity.
What do you mean by Dower/Mahr?
Dower/Mahr is a certain sum of money or any property given by the husband in respect of the
marriage. In other words it is a consideration for the contact of marriage given by the
husband to his wife.

The main objective:

• To impose an obligation on the husband as a mark of respect for the wife;
• To place a check on capricious use of divorce on the part of the husband;
• To provide her substance after the dissolution of marriage.

Kinds of Dower; There are two types of Dower as follows;

• Specified (Mahr-i-mussamna): The amount or value of Dower is specified at the time
of nikah, called specified Dower. It is further divided into two parts such as follows;

o Prompt Dower (muajjal): Under this type of Dower, the wife has the right to
demand it at any time after or before marriage either fully or partially.
o Deferred Dower (postponed): Under this type of Dower wife is liable to receive
at the time of talaq fully in case of marriage consummate or half in case of if
not consummate. It is also claimed by the wife in case of husband death or
claimed by the wife's heirs in case of wife death within the period of three years.
o Unspecified (Mahr-i-misel): It is also known as Proper Dower or Customary
Dower. The amount or value of Dower is unspecified at the time of marriage
and is called unspecified Dower. The amount depends upon the basis of
certain grounds as follows;

▪ Reputation of the wife and her family in the society,

▪ How much was received by the other female members of the wife's
family,
▪ Wife's qualifications,
▪ Husband position in the society,
▪ Wife qualities like age, beauty, fortune understanding and virtue must
be considered to be her equal.

Right of wife and Remedies against the non-payment of Dower

• Wife can refuse to cohabit (sexual intercourse) with her husband (expect in case of
deferred Dower);
• Right to receive the Dower in case death of his husband his family is liable to pay;
 • Right to retain her diseases husband property;
• Within the period of three years the wife has the right to file a suit against it according
to Article 113.
• Wife's right to remit the Dower fully or partially is considered only if she should have
attained Puberty and the decision should be given in free consent.

What are the various kinds of Talaq?

There are two modes of dissolution of marriage acceptable under the Muslim Law such as
follows;
• Extra judicial divorce means talaq without involvement of the court. It is a traditiona l
mode of divorce in which the procedure is followed by them on the basis of the Quran
only applicable on peoples belongs to Muslim communities as follows;

o Divorce by husband: There are four types of divorce claim by husband against
his wife;
o Talaq-ul- Sunnat: 'Sunnat' means 'word of God'. This is known as a pure form
of talaq in Muslims. It is further divided into two types as follows;
o Talaq-e-Ahsan: Under this there are three conditions needed to perform;

i. Husband makes a single pronouncement of talaq;

ii. It must be pronounced during the tuhr period;
iii. After the pronouncement they must be observe iddat period (90 days
there must be no sexual intercourse between them).

• Talaq-e-Hasan: Under this there are three conditions needed to perform;

i.Husband makes three pronunciations of talaq;

ii.It must be pronounced during the three successive tuhr period or three lunar months;
iii.No sexual intercourse between them before the third last pronouncement.

• Talaq-ul-biddat: It is also known as triple talaq or instant talaq. Biddat came from
biddah, which means innovation which did not previously exist; it was devised later.
In India only recognized by Sunni's.

.Under this husband making three pronouncements of talaq at a time is considered as a

irrevocable talaq (in India after Shayara Bano case this act criminalized with the maximum
punishment of 3 years)
 • Ila: It is a type of constructive divorce in which the husband taken a oath or pledge
for having no sexual intercourse if he continued for four months then the wife get the
right of divorce on the above ground.

• Zihar: It is a form of inchoate divorce in which if the husband compares his wife to
any woman to whom the marriage is prohibited the wife can claim for divorce on the
above ground.

Divorce by wife: There are two types of talaq claim by wife as follows
• Talaq-e-Tafweez: Under this husband delegated the power of talaq in the hand of his
wife or any other third person because of the specific reason. It may be absolute or
temporary.
• Lian: Under this type of talaq a wife can claim when a husband makes false charges of
Adultery (out of aggregation).
• Divorce by mutual consent of both husband and wife: There are two types of talaq
based on mutual consent as follows;

o Khula: Under this wife offer talaq on the condition of repay of dower and also
pay the compensation to breach of contract marriage and at the same time
husband must agree on the same. They must observe Iddat period.
o Mubara'at: Under this type of talaq both husband and wife mutually agreed on
the matter of talaq.
o Faskh: talaq declared by Qazi with the assistance of both husband and wife.
• Judicial Divorce: There are 9 grounds of divorce is mentioned under section 2 of the
Dissolution of Marriage Act, 1939 as follows;

o Absence of husband for 4 years;

o Failure to maintain for 2 years;
o Imprisonment 7 years and above;
o Failure to perform marital duty;
o Impotency of husband;
o Insanity or venereal diseases;
o Reputation by wife;
o Grounds recognized by Muslim Personnel Law;
o Additional grounds such as:
 ▪ Cruelty,
▪ Physical assault,
▪ Statement against wife's character,
▪ Forcing immoral acts by wife,
▪ Not letting my wife practice her religion,
▪ Bigamy.

What is tuhr?
According to Muslim Law tuhr is a period between two menstruation cycles is called one
successive tuhr. It is also known as the purity period of women.

What do you mean by the Iddat period?

According to the Muslim Law Iddat is a period which is very important to observe by both
for final confirmation of talaq after its pronouncement. During this period they restricted
from any sexual intercourse between them it becomes irrevocable talaq. This iddat period
may differ for their nature of talaq such as follows;
• Iddat period for dissolution of marriage by talaq: According to the Muslim Law
Iddat period fixed under this head which is either 90 days or 3 successive tuhr period
or next 3 lunar months any of them it must be observe after the final pronouncement
of talaq it cannot revoke which means finally the marriage is dissolved. In this case if
marriage is not being consummate there is no need to observe iddat period which
mentioned above.

• Iddat period for dissolution of marriage by death of the husband: According to the
Muslim Law Iddat period fixed under this head which is 4 months and 10 days it must
be observe by his wife from the death of his husband. In this case, no matter whether
the marriage is consummate or not, the wife must observe the Iddat period mentio ned
above.

• Iddat period for a pregnant woman: According to the Muslim Law there are two
periods mentioned;

o 4 months and 10 days;

o Date of delivery;
From the date of final pronouncement of talaq whichever is longer is considered as a iddat
period. It is applicable in both the cases of either dissolution of marriage by talaq or by death
of the husband.

What is Will/Wasiyat?
 • Will/Wasiyat is a document in which a person mentions all details about his desire to
transfer his property in the hands of one or more persons after his death.
• According to Muslim Law there is some provisions given regarding the Will as such as
follows;

o A person only makes a will against property which is under his ownership,
o Only ⅓ parts of the property can transfer through will to the person other than
the part of their heirs. It simply means Will must be made within the limits of
his testamentary power mentioned in the Muslim Law. These limits may be
increased with the consent of their heirs,
o A person who makes a will is known as 'testator', to whom in favor of will made
is known as 'legatee' and the document is known as Wasiyatnama,
o Testator must be a competent person,
o Will in case in favor of unborn child only valid if child born within the period
of six months,
o It comes into effect after the death of the testator,

• Revocation of Will/Wasiyat;
o Expressed: It may be oral or written.
o Implied: It must be implied by the conduct of the person.

What is Gift/Hiba?
According to the Muslim Law any property self acquired or ancestral, movable or
immovable, corporal or incorporal and conditional or unconditional can be gifted. There are
three main conditions for a valid gift such as follows;
• Doner's declaration with real bonafide intention,
• Donee's acceptance expressed or implied by himself or someone else on his behalf,
• Delivery of the subject matter of a gift , actual or constructive,
• Doner must be competent means Muslim as a religion, major and sound mind,
• Actionable claims can be gifted,
• Conditional gifts are valid except for corpus conditions only.

What are the various kinds of Hiba?

• Hiba Bil-Iwaz
• Hiba Ba Surat Ul Iwaz
 • Sadkah
• Ariyat

What exactly does Waqf mean?

The word Waqf simply means detention or stoppage. According to the Muslim Law under the
Waqf Act, 1954 a person who works as a charitable purpose under the religious faith and
sentiment for the benefit of uplifting the society and he has donated his property on the name
of 'Allah' is called Waqf and the person called is Waqif. A person who manages the Waqf is
called Mutawalli. It may be created by an act of a living person or by Will or by previous
usages of that property.

Essential Condition of a valid Waqf:

• Permanent dedication to God
• Competency
• Right to make Waqf

What are the various kinds of Waqf?

• Public Waqf
• Private Waqf

Topic 2:
Marriage, as a social institution, has evolved significantly over time, with new concepts, trends,
and formalities emerging across different cultures and societies. The right to marry is
recognized as a fundamental human right, and the understanding of marriage has expanded to
include diverse forms of unions beyond traditional notions. Below, we'll explore the modern
concept of marriage, trends, requisite formalities, and the right to marry.

1. Modern Concept of Marriage

- Partnership: Modern marriage is often viewed as an equal partnership, where both spouses
share responsibilities, decision-making, and roles. The emphasis is on mutual respect, love, and
support rather than traditional gender roles.
- Marriage Equality: The concept of marriage has expanded to include same-sex marriages
in many parts of the world, reflecting broader social acceptance of diverse sexual orientatio ns.
This has led to legal recognition of LGBTQ+ marriages in many countries.
 - Co-habitation: Increasingly, couples choose to live together without formalizing their
relationship through marriage. This trend reflects changing attitudes towards marriage and the
acceptance of alternative forms of partnership.
- Delayed Marriage: Many people are choosing to marry later in life, often prioritiz ing
education, career, and personal development before committing to marriage. This trend has led
to a rise in the average age of marriage in many societies.
- Marriage as a Choice: Marriage is increasingly seen as a personal choice rather than a
societal obligation. Individuals have more freedom to choose whether or not to marry, who to
marry, and when to marry.

2. Trends in Marriage
- Destination Weddings: Couples are opting for weddings in exotic or meaningful locations,
often involving smaller, more intimate ceremonies. Destination weddings have become a
popular trend, emphasizing personal experience over traditional large gatherings.
- Customizable Ceremonies: Modern couples are moving away from rigid, traditiona l
wedding ceremonies, instead opting for personalized celebrations that reflect their values,
beliefs, and personalities.
- Digital Influence: The internet and social media have greatly influenced marriage, from
online dating platforms to virtual weddings, and the sharing of wedding experiences online.
Digital tools have also made planning weddings more accessible.
- Interfaith and Intercultural Marriages: There is a growing trend of interfaith and
intercultural marriages, where individuals from different religious or cultural backgrounds
come together. This has led to more inclusive and diverse wedding practices.
- Legal Innovations: In some countries, legal frameworks have been updated to refle ct
modern realities, such as recognizing civil unions, cohabitation rights, and offering alternatives
to traditional marriage.

3. Requisite Formalities of Marriage

- Legal Requirements: The legal formalities for marriage vary by country and jurisdictio n but
generally include:
- Marriage License: Most places require a marriage license, which involves filling out
forms, providing identification, and paying a fee.
- Witnesses: Marriages typically require witnesses to be legally recognized.
- Ceremony: While the ceremony can vary in formality, some legal systems require a formal
ceremony conducted by an authorized official (e.g., a judge, religious leader, or civil registrar).
- Registration: After the ceremony, the marriage must be registered with the relevant
government authority to be legally recognized.
 - Age and Consent: Most jurisdictions require both parties to be of a certain legal age (often
18 or older) and to consent freely to the marriage. In some places, parental consent may be
required if one or both parties are underage.
- No Legal Impediments: Both parties must be free to marry, meaning they are not already
married (unless in a jurisdiction that allows polygamy), are not closely related by blood, and
meet any other legal requirements.

4. Right to Marry
- Human Rights Perspective: The right to marry is recognized as a fundamental human right
in various international treaties and declarations, such as the Universal Declaration of Human
Rights (Article 16) and the International Covenant on Civil and Political Rights (Article 23).
These instruments emphasize that adults have the right to marry and found a family, without
discrimination based on race, nationality, or religion.
- Equality in Marriage: The right to marry includes the right to choose one’s partner freely,
without coercion, and to have the marriage recognized legally. This right has been central to
the global movement for marriage equality, ensuring that all individuals, regardless of sexual
orientation, have the right to marry.
- Protection Against Forced Marriage: The right to marry also includes protection against
forced or child marriages, which are considered human rights violations. Many countries have
laws prohibiting forced marriage and providing support to those at risk.
- Recognition of Diverse Marriages: The right to marry is increasingly interpreted to include
diverse forms of marriage, such as same-sex marriage, and to ensure that legal systems
accommodate and respect these unions.

5. Cultural and Religious Considerations

- Religious Marriages: Many people choose to marry within their religious traditions, which
often have their own requirements and ceremonies. These marriages may also need to comply
with civil law to be legally recognized.
- Cultural Practices: Cultural traditions continue to play a significant role in marriage
ceremonies and practices. In multicultural societies, couples often blend cultural elements to
honor their heritage.

Conclusion
Marriage in the modern world is a dynamic and evolving institution that reflects broader
societal changes. The trends, formalities, and the right to marry are shaped by legal, cultura l,
religious, and social factors, making marriage a deeply personal yet universally signific a nt
experience. The increasing emphasis on choice, equality, and individual rights continues to
transform the landscape of marriage globally.

Topic 2:
The concept of NRI (Non-Resident Indian) marriage refers to the marriages involving Indian
citizens who reside outside India, either temporarily or permanently. NRI marriages often
encompass unique challenges and considerations due to the cross-border nature of the union.
These marriages can involve Indian citizens living abroad marrying either fellow NRIs, foreign
nationals, or residents of India. Here’s an exploration of the concept, including key aspects and
trends:

1. Definition of NRI Marriage

- Cross-Border Union: An NRI marriage typically involves one or both spouses residing
outside India. These marriages may take place in India, the country of residence, or a third
location.
- Cultural and Legal Nuances: NRI marriages often require navigating different cultura l
expectations, legal systems, and societal norms, which can complicate the marriage process
and its recognition.

2. Key Aspects of NRI Marriages

- Cultural Dynamics: Marriages between NRIs often involve blending different cultura l
practices, especially if the spouses come from different regions of India or different countries.
This blending requires flexibility and mutual understanding to respect each other’s traditions.
- Legal Considerations: NRI marriages must adhere to the legal requirements of both India
and the country of residence. This includes obtaining the necessary marriage licenses, fulfilling
residency requirements, and ensuring that the marriage is legally recognized in both
jurisdictions.
- Documentation: NRI marriages often involve additional documentation, such as proof of
citizenship, visa status, and sometimes even police verification. The process of registering the
marriage may differ significantly between countries.
-Family Involvement: Indian marriages traditionally involve significant family participatio n.
In the context of NRI marriages, the involvement of families can sometimes be challenging
due to geographical distances, leading to decisions about whether to conduct ceremonies in
India or abroad.
- Dual Ceremonies: Many NRI couples opt for dual ceremonies—one in the country of
residence and another in India—to accommodate legal requirements and to honor cultura l
traditions.
3. Challenges in NRI Marriages
- Legal Issues: One of the major challenges in NRI marriages is dealing with legal
complexities, especially in the case of disputes, divorce, or child custody. Different countries
have different laws regarding marriage, divorce, and child custody, which can complicate the
resolution of these issues.
-Visa and Immigration: Marriages between an NRI and a foreign national often involve
navigating visa and immigration regulations. This can be a complex process, requiring legal
assistance to ensure that both spouses can reside together legally.
- Fraudulent Marriages: Unfortunately, some NRI marriages have been exploited for
fraudulent purposes, such as gaining citizenship or immigration benefits. This has led to
increased scrutiny by authorities and sometimes stricter regulations.
-Cultural and Emotional Adjustments: For spouses moving to a new country after marriage,
cultural adjustments can be significant. This includes adapting to new social norms, langua ge
barriers, and possibly homesickness or isolation from extended family.

4. Trends in NRI Marriages

- Online Matchmaking: The rise of online matrimonial sites specifically catering to NRIs has
made it easier for individuals to find partners with similar cultural backgrounds, even when
living abroad.
-Destination Weddings: NRIs often choose destination weddings, either in their country of
residence or a favorite international location. These weddings are usually a blend of traditiona l
Indian customs with contemporary styles, often smaller in scale but more personalized.
- Intercultural Marriages: There is a growing trend of NRIs marrying outside their cultural or
national community, leading to a rise in intercultural marriages. These unions celebrate
diversity and often create new cultural practices within the marriage.
-Hybrid Celebrations: NRI marriages often incorporate elements from both Indian and
Western cultures. For example, couples may have a traditional Indian ceremony followed by a
Western-style reception or vice versa.

5. Legal Framework for NRI Marriages

- Registration of Marriage: Indian law requires NRI marriages to be registered under the
relevant laws, such as the Hindu Marriage Act, Special Marriage Act, or relevant foreign laws.
Proper registration ensures legal recognition and protection.
- Legal Assistance: Given the cross-border nature of NRI marriages, couples often require
legal assistance to navigate the complex web of international family law, particularly in cases
of divorce or child custody.
 -International Treaties: Some international treaties and agreements facilitate the recognitio n
of marriages, divorces, and child custody arrangements across borders. NRIs must be aware of
such treaties, especially in the context of legal disputes.

6. The Role of Government and NGOs

- Support Services: The Indian government, through embassies and consulates, offers support
services for NRIs, including legal assistance, counseling, and help in case of marital disputes.
-Awareness Programs: NGOs and government bodies have launched awareness campaigns
to educate NRIs about their rights and obligations in marriage, as well as the potential risks of
fraud and legal issues.

Conclusion
NRI marriages represent a unique intersection of cultural, legal, and emotional factors,
requiring careful navigation to ensure a successful union. With the globalized nature of modern
relationships, NRI marriages continue to evolve, reflecting broader trends in internatio na l
marriages while maintaining ties to Indian cultural and legal traditions.

Topic 2: Point 8
Discussion on the Concept of Marriage
Marriage is a fundamental social institution that has evolved over time, reflecting changes in
societal values, cultural practices, legal frameworks, and individual choices. Traditiona lly,
marriage has been seen as a union between a man and a woman, often tied to religious, cultura l,
and familial expectations. However, in the modern world, the concept of marriage has
expanded to accommodate diverse forms of relationships, recognizing the evolving needs and
rights of individuals.

1. Historical and Cultural Context

- Traditional Marriage: Historically, marriage has been closely linked to social and economic
functions, such as the consolidation of wealth, property, and alliances between families. It has
also been a key institution for the regulation of sexual behavior, reproduction, and the
upbringing of children.
- Cultural Variations: Different cultures have developed their own customs and rituals
surrounding marriage, which often reflect broader societal values. For example, arranged
marriages have been common in many cultures, where family involvement plays a signific a nt
role in the selection of a spouse.

2. Evolution of Marriage
-Marriage as Partnership: In recent times, marriage has increasingly been viewed as a
partnership based on love, mutual respect, and shared responsibilities. This shift reflects
broader societal changes, including the recognition of gender equality and individ ua l
autonomy.
-Legal Recognition of Diverse Marriages: The legal recognition of same-sex marriages, civil
unions, and cohabitation reflects the growing acceptance of diverse forms of relationships.
Many countries have reformed their marriage laws to ensure equality and protect the rights of
all individuals, regardless of their sexual orientation or gender identity.
-Delayed Marriage and Singlehood: There has been a trend towards delaying marriage as
individuals prioritize education, career, and personal development. Additionally, the
acceptance of singlehood and alternative family structures, such as cohabitation or single
parenthood, has increased.

3. Contemporary Trends
- Online Matchmaking: The rise of digital technology has transformed the way people meet
and marry. Online dating platforms and matrimonial websites have made it easier for
individuals to find compatible partners, often transcending geographical and cultura l
boundaries.
- Destination and Hybrid Weddings: Modern couples are opting for personalized and non-
traditional wedding ceremonies, often blending elements from different cultures or opting for
destination weddings in unique locations.
-Intercultural and Interfaith Marriages: With increased globalization, intercultural and
interfaith marriages have become more common, leading to the blending of different traditions
and customs within a single union.

4. Challenges in Modern Marriage

- Balancing Tradition and Modernity: Couples often face the challenge of balancing traditiona l
expectations with modern values. This can be particularly complex in intercultural marriages,
where different customs and beliefs must be reconciled.
-Legal and Financial Issues: Marriage involves legal and financial obligations, which can
become complicated in cases of divorce, inheritance, or cross-border marriages. The need for
legal clarity and protection of individual rights is crucial.
- Societal Pressures: Despite the evolving concept of marriage, societal pressures regard ing
marriage and family life remain strong in many cultures. Individuals may face expectations to
marry within certain timelines, cultures, or social classes.

Conclusive Remarks on the Concept of Marriage

The concept of marriage has undergone significant transformation, moving from a traditiona l
institution bound by rigid societal norms to a more fluid and individualized partnership. This
evolution reflects broader changes in society, including the recognition of human rights, gender
equality, and personal autonomy.
While marriage continues to be a deeply personal and cultural practice, its definition has
expanded to include a wide array of relationships, from traditional heterosexual unions to same-
sex marriages and intercultural partnerships. The growing acceptance of diverse forms of
marriage is a testament to society's evolving understanding of love, commitment, and family.
Despite these advances, marriage remains a complex institution that requires careful naviga tio n
of cultural, legal, and personal dynamics. Couples today must balance the preservation of
cultural traditions with the demands of modern life, all while ensuring that their rights and
interests are protected.
In conclusion, marriage is not just a legal contract or a social obligation, but a dynamic
institution that reflects the values and aspirations of individuals and societies. As the world
continues to change, so too will the concept of marriage, adapting to new realities while
remaining a cornerstone of human relationships. The future of marriage will likely continue to
embrace diversity, inclusivity, and the evolving needs of individuals, making it a more flexib le
and meaningful institution for generations to come.

Topic 4:
In Islamic law, marriage is referred to as Nikah, a fundamental institution that is both a social
contract and a religious duty. The concept of Nikah is central to Muslim personal law, and it
governs the rights and obligations of spouses within a marriage. Here, we'll explore the concept
of Nikah, its essential elements, and the different types of marriages recognized under Muslim
law.

Concept of Nikah (Marriage) in Muslim Law

Nikah in Islam is viewed as a civil contract rather than a sacrament. It is intended to create a
lawful relationship between a man and a woman for mutual love, companionship, and the
lawful procreation of children. The marriage contract in Islam is based on mutual consent, and
both parties have specific rights and obligations.

Essential Elements of Nikah

1. Offer and Acceptance (Ijab-o-Qubul):
- Nikah requires a clear offer (Ijab) from one party and an acceptance (Qubul) from the other,
in the presence of witnesses. The offer and acceptance must be made at the same time and
place.
- The consent of both parties is crucial, and it must be free from coercion or undue influe nce.
2. Competent Parties:
- The parties to the marriage must be of sound mind and have reached the age of puberty.
Under Muslim law, puberty is presumed to occur at the age of 15, although many countries set
a legal minimum age for marriage.
- A marriage contracted by a minor may be validated by the minor upon reaching puberty.

3. Witnesses:
- In Sunni law, at least two adult male witnesses, or one male and two female witnesses, are
required to validate the marriage.
- Shia law, however, does not require witnesses for the validity of the marriage, although the
practice may vary.

4. Mahr (Dower):
- Mahr is a mandatory gift or consideration paid or promised to the wife by the husband as a
mark of respect. It is an essential element of a Muslim marriage and can be prompt (paid
immediately) or deferred (to be paid later).
- The amount and terms of Mahr are agreed upon at the time of Nikah.

5. Free Consent:
- The consent of both the bride and groom is essential for a valid Nikah. If either party is
coerced, the marriage may be considered void or voidable.

Types of Marriage (Nikah) in Muslim Law

Muslim law recognizes different forms of marriage, each with specific rules and implications:

1. Nikah-e-Mut’ah (Temporary Marriage)

- Shia Perspective: This type of marriage is primarily recognized among Shia Muslims. It is
a temporary marriage contracted for a specific period, with a pre-determined end date. The
terms of the marriage, including the duration and Mahr, are agreed upon at the outset.
- Sunni Perspective: Sunni Muslims do not recognize Nikah-e-Mut’ah as valid, and it is
generally considered impermissible within Sunni jurisprudence.

2. Nikah-e-Misyar
 - Definition: Nikah-e-Misyar is a type of marriage where the couple agrees to waive some of
the rights and obligations typically associated with marriage, such as living together or the
wife’s right to financial support. This arrangement is common in some Arab countries.
- Purpose: This form of marriage is often contracted by individuals who wish to mainta in
their independence while still being in a lawful marital relationship.

3. Nikah-e-Halala
- Context: Nikah-e-Halala refers to a marriage that is contracted to make a woman lawful for
her first husband after she has been divorced by him through the pronouncement of three Talaqs
(triple divorce). Under Islamic law, after triple Talaq, the woman cannot remarry her first
husband unless she marries another man, consummates that marriage, and is subsequently
divorced.
- Controversy: The practice of Nikah-e-Halala is highly controversial and criticized,
particularly because it can be exploited and may lead to significant social and moral issues.

4. Nikah-e-Fasid (Irregular Marriage)

- Definition: A marriage that is irregular due to the absence of certain essential conditio ns,
such as proper witnesses, or the marriage with a woman in her Iddat period (waiting period
after divorce or death of husband).
- Rectification: An irregular marriage can become valid if the irregularity is rectified. For
example, if witnesses were initially absent, their presence at a later stage could validate the
marriage.

5. Nikah-e-Batil (Void Marriage)

- Definition: A marriage that is void from the outset due to the violation of fundame nta l
Islamic principles, such as marriage between close blood relatives (prohibited degrees of
consanguinity) or when a marriage occurs without the free consent of either party.
- Legal Consequences: A void marriage has no legal standing, and no rights or obligatio ns
arise from it.

Rights and Obligations in Nikah

- Rights of the Wife: The wife is entitled to Mahr, maintenance (Nafaqa), and equal treatment
if the husband has multiple wives. She also has the right to seek divorce (Khula) under certain
circumstances.
- Rights of the Husband: The husband has the right to his wife’s obedience in lawful matters,
and he can initiate divorce (Talaq) if necessary. He also has a duty to provide for his wife and
family.
Conclusion
Nikah, as defined under Muslim law, is a contract that establishes a lawful relationship between
a man and a woman. It is grounded in mutual consent, rights, and obligations, and is aimed at
fostering a stable family structure. The various types of Nikah recognized under Muslim law
reflect the diversity within Islamic jurisprudence and the different cultural practices among
Muslim communities.
Understanding the concept of Nikah and its types is crucial for recognizing the rights and duties
of the parties involved, and for ensuring that marriages are conducted in accordance with
Islamic principles. The flexibility and adaptability of Nikah within the framework of Islamic
law allow it to meet the varying needs of Muslim individuals and societies, while maintaining
the essential ethical and legal standards of the faith.

Classification of Marriage Under Muslim Law

Introduction
“Nikah, in its primitive sense, means a carnal conjunction. Some have said that it signifies
conjunction generally. In the language of law, it implies a particular contract used for the
purpose of legalizing generation.” - Hedaya (12th-century legal manual, considered as one
of the most influential compendium).
▪ Muslim marriage has been considered a contract that legalizes the procreation of
children.
▪ Justice Mahmood in Abdul Kadir v. Salima (1886), defines it as a purely civil
contract and rejects its nature as a sacramental institution. However, despite having
similarities with a civil contract, Muslim marriage is not absolutely one.
Classification of Marriage
▪ Muslims are divided into two sects all over the world based on their belief and tradition,
viz Sunni Muslims and Shia Muslims.
▪ Muslim marriages are a social contract and legally binding upon parties hence it is
classified accordingly. The classification of marriages under Muslim laws is:
o Sahih Nikah (Valid Marriage)
o Batil Nikah (Void Marriage)
o Fasid Nikah (Irregular Marriage)
o Muta Marriage (Temporary Marriage)
Sahih Nikah (Valid Marriage)
▪ A marriage that is neither void nor invalid is valid. In other words, a marriage that
conforms in all respects to the legal requirements is a valid marriage.
 ▪ A marriage to be valid must satisfy the following requirements:
o There must have been a proposal by one party and its acceptance by the other.
o The consent of parties should be free consent.
o Proposal and acceptance must have taken place at one meeting and before two
male witnesses, one male and two female witnesses under Sunni Sect. They
must be major and of sound mind. Under Shia Sect witnesses are not necessary.
o The parties must have the capacity to contract marriage i.e., they should
be:
• Of sound mind,
• Major,
• Capable of giving free consent, if they are minor or lunatic, it should be
done through their guardians.
o There should be no impediment to marriage whether absolute or relative on the
ground of consanguinity, affinity, fosterage and polyandry or temporary, viz
relative, prohibitive or directory.
Effect of a Valid Marriage
▪ A valid marriage has social and legal implications some of which are as follows:
o Marriage provides husband and wife with rights of inheritance.
o The wife gets the right of maintenance and alimony for her and the children
under Section 125 of Criminal Procedure Code, 1973 after the decision of the
Supreme Court in Mohd. Ahmad Khan v. Shah Bano Begum (1985).
o The ritual of Iddat has to be performed by the divorced wife after the
dissolution of marriage or when she becomes a widow. During this period, she
cannot remarry.
Batil Nikah (Void Marriage)
▪ A void marriage is a marriage that does not fulfil the necessary conditions of a valid
marriage. In batil marriage no legal rights and obligations are followed. Following
kinds of marriages are considered void:
•

o A marriage falling under prohibited degrees of relationship, i.e., marriage

between the parties having blood relations.
o Marriage prohibited by the reason of affinity (E.g., Sister, aunt, niece etc.).
o Marriage with foster mother or foster sister. The exception in case of
fosterage is observed by Sunnis, where marriage is valid with sister’s foster
mother, or foster sister’s mother, foster son’s sister, or foster-brother’s sister.
o Marrying a woman who is undergoing Iddat is also void under Shia law.
 o Marriage with someone else’s wife provided her marriage is still subsisting.

▪ The above-mentioned list is not exhaustive hence some other kinds of marriages might
be void as considered by rules of a certain school of Muslim law.
▪ In Munshi v. Mst. Alam Bibii (1912), the court observed that permanent or perpetual
prohibition from marriage due to non-adherence of a condition makes such marriage
void.
Effect of a Void Marriage
▪ A void marriage is of no legal effect either before or after consummation.
▪ It does not create any rights or obligations between the parties.
▪ The wife is not entitled to maintenance.
▪ One cannot inherit from the other, but the woman is entitled to dower if the void
marriage has been consummated.
▪ The offspring of a void marriage is illegitimate.
▪ The parties can separate from each other at any time without divorce and may
contract another marriage lawfully.
Fasid Nikah (Irregular Marriage)
▪ A marriage contracted by parties suffering from relative prohibition or directory
incapacity is irregular.
▪ Some grounds which make the marriage irregular (fasid) are:
o Marriages contracted without witnesses (Sunni Muslims),
o Marriage with a fifth wife (Sunni Muslims),
o Marriage with a woman undergoing Iddat,
o Marriage with non-scriptural woman (i.e., idolatress or fire worshipper),
o Marriage contrary to the rules of unlawful conjunction.

Effect of an Irregular Marriage

▪ Before consummation in a marriage, the wife is not entitled to obtain a dower from
her husband if he divorces her.
▪ There is no legal obligation on the wife, she is not bound to follow the rules of Iddat.
▪ The wife has no right to claim maintenance from the husband during the Iddat
period.
▪ After consummation of marriage a child born out of irregular marriage is considered
legitimate and has all right of inheritance of property.
Muta Marriage (Temporary Marriage)
▪ The word “muta” literally means “enjoyment or use”. It is a marriage for
pleasure for a fixed period of time, also known as temporary marriage. The
institution of muta marriage is not recognized by Ithna Ashari or Shia School of
Muslim Law.
Essentials of Muta Marriage
▪ There are four essentials of muta marriage:
o Form – It must be in the form of a proper contract which means offer and
acceptance.
o Subject – A man may contract a muta marriage with a woman professing the
Mohammedan, Christian or Jewish religion or even with a fire- worshipper.
o

• A Shia woman, however, cannot contract a muta with a non–Muslim.

• Relations prohibited by affinity are also unlawful in such marriage.
o The Term – It means that the period of cohabitation should be fixed, which
may be a day, a month, a year or a term of years; and
o Dower – Dower must be fixed.
Conclusion
Marriage under Muslim Law is considered a civil contract. The main purpose of marriage is
to create a family which is considered a fundamental unit of society.

Muta or Nikah mut’ah

The term literally means “pleasure marriage”. Muta marriage is a temporary agreement for a
limited time period, upon which both the parties agreed. There is no prescribed minimum or
maximum time limit, it can be for a day, a month or year(s). The marriage dissolves itself after
the expiration of the decided period, however if no such time limit was expressed or written,
the marriage will be presumed permanent. This type of marriage is seen as prostitution by the
Sunni Muslims and thus, is not approved by Sunnis.

However, it is considered legitimate by the Twelver Shia sect, which is predominant in Iran
and constitutes 90% of India’s Shia population. In Iran, the word mut’ah is only from time to
time utilized and this practice is called ‘sigah’. The rules for sigah are fixed for eg- the contract
for temporary marriage can be attracted for one hour to 99 years; it can’t be for an indetermina te
period. This provision distinguishes mut’a from nikah or lasting marriage, which has no time
limit. However, just like in nikah, in sigah too, the bride must get some monetary benefit.

No witnesses are required for mut’ah. And just like in any other contract, the woman being a
party can lay down conditions for her sexual union throughout this time limit, this can also
include her daily maintenance. Her temporary husband must respect these conditions. The
marriage automatically dissolves at the end of the stated period. No matter how short the
duration was, the woman has to practice abstinence lasting up to two menstrual cycles.

Interesting part is that, the temporary husband and wife can renew the contract but the husband
must regardless of this pay the amount to the bride. Husband has a unilateral right to revoke
the marriage-mark of his superior position in the relationship. But the woman can refuse to be
intimate with him or even leave him, but in such case, she must return back the amount she
received from him.

India is a country that has partially approved live-in relationships; However, it will still be quite
difficult for the Supreme Court to constitutionally invalidate this form of marriage. In modern
day era, where feminists all across the globe see this arrangement equivalent to prostitutio n.
There are many advocates of Nikah mut’ah who believe that being a contract, this arrangeme nt
is superior to the live- in relationships.

Registration of Marriage under Muslim Law

Registration of marriage in Muslims is compulsory and mandatory, as a Muslim marriage is

treated as a civil contract. According to section 3 of Muslim Marriages Registration Act 1981-
“Every marriage contracted between Muslims after the commencement of this Act, shall be
registered as hereinafter provided, within thirty days from the conclusion of the Nikah
Ceremony”. Nikahnama is a type of legal document in Muslim marriages which contains the
essential conditions/details of the marriage.

According to this act, a Nikahnama contains:

1. Place of marriage (with sufficient particulars to locate the Place.)

a. Full name of the bridegroom

b. Age
c. Address
d. Full name of bridegroom’s father
e. Whether father is alive or dead
f. Civil condition of the bridegroom at the time of marriage whether – Unmarried
Widower Divorced Married, and if so, how many wives are alive
g. Signature or thumb impression of the bridegroom/Vakil/ Guardian according as the
Nikah was performed in person by the bridegroom or through his Vakil or Guardian
h. Full name of Nikah-Khan (that is the person conducting the Nikah Ceremony.)
i. Signature of the Nikah-Khan (i.e person conducting the Nikah Ceremony with
date.)
j. Amount of dower fixed
 k. Manner of payment of dower
l. Name of witnesses with parentage, residence and address

Dissolution of Marriage
There are 2 categories of divorce under Muslim law:
• Judicial
• Extra-Judicial
The Extra-judicial mode of Divorce can further be divided into 3 subdivisions:
1. By husband- talaaq, ila, and zihar.
2. By wife- talaaq-i-tafweez, lian
3. By mutual agreement- khula and mubarat
A divorce falls into 2 categories:
Talaaq-i-sunnat
It can further be divided into two categories:
i) Talaaq-i-ahsan
A single pronouncement of divorce is made during the period of tuhr (the period of purity
between two menstrual cycles), followed by abstinence from sexual intercourse during the
period of iddat. Here, the divorce can be revoked at any time before the completion of iddat,
thus preventing hasty and unreasonable divorces.
ii) Talaaq-i-hasan
A husband is required to pronounce a formula of Talaaq three times, during three successive
tuhrs. It is important that pronouncements are made when no intercourse takes place during
any period of tuhr. The marriage is dissolved irrevocably, regardless to the period of iddat.
Talaaq-i-Biddat
It is a form of Islamic divorce which is instant in nature. It allows any Muslim man to legally
divorce his wife by stating the word “Talaaq” three times in oral, written, or more recently,
electronic form. This is prevalent among the Muslims in India, especially among the adherents
Hanafi school of Islam. This is also known as “Triple Talaaq” and has been a subject to debate
and controversy.
In Shayara Bano V. Union of India and Ors. It was submitted that:
“This practice of talaq-e-biddat (unilateral triple-talaq) which practically treats women like
chattel is neither harmonious with modern principles of human rights and gender equality, nor
an integral part of Islamic faith, according to various noted scholars. Muslim women are
subjected to such to such gross practices which treats them as chattel, thereby violating their
fundamental rights enshrined in Articles 14, 15, 21 and 25 of the Constitution. The practice
also wreaks havoc to the lives of many divorced women and their children, especially those
belonging to the weaker economic sections of the society.”
There have been many cases in High courts and the supreme court, where the court invalida ted
the instant triple talaaq. In Shamim Ara V. State of U.P, the court observed that:
The correct law of Talaaq as ordained in Holy Quran is that:
1. There must be a reasonable cause for the divorce.
2. The declaration of divorce must be preceded by attempts of reconciliation between
husband and wife by 2 arbitrators. If the attempts fail, then only the divorce will come
into effect.
Supreme court in August 2017 declared Triple Talaaq as “unconstitutional”. The Modi
Government introduced a bill called The Muslim Women (Protection of Rights on Marriage)
Bill, 2017 and presented it in the Parliament which was passed on 28 December 2017 by the
Lok Sabha. The bill makes moment triple (talaq-e-biddat) in any structure spoken, recorded as
a hard copy or by electronic methods, for example, email, SMS and WhatsApp unlawful and
void, with as long as three years of imprisonment for the husband.
However, one of the principle conflicts against the proposed enactment has consistently been
its acknowledgment of a common offense as a cognisable and non-bailable offence.
Conclusion
The notions of Muta marriage can be evidently seen in our country. In India, temporary
marriage is not recognized, although there exists few who contract Muta marriage but such
marriages are not enforceable in court. Hyderabad is considered to be the epicentre of the
practice where marriage can be instituted for time span as short as one or two days. In a
Hyderabad case it was held that there is no difference between muta for an unspecified period
and a muta for life; a permanent nikah marriage for life can be contracted by the use of word
muta also; specification of the period for which a muta marriage is contracted alone makes a
marriage a temporary marriage for the period specified.
The practice of Temporary “Muta” marriage is widespread in the modern times and often
arranged by Imams and other Islamic leaders in Europe, America (Shia parts of Dearborn,
Michigan), and in the Middle east. It is commonly the destitute widows and orphaned girls that
are within the clutches of temporary marriage who are often sold to old men. For the women,
there is no desire or pleasure that drives them into such misery; it is the extreme means to pay
the rent and feed themselves and their children. As a result, this arrangement has received
widespread criticism by various countries as it impliedly encouraging legalization of
prostitution.
The conflicts over the rights of minority women are best dealt with by creating new
representative bodies which have special provisions to ensure that women are sufficie ntly
represented. In the Shah Bano case, this would have meant creating a new mechanism to
administer Muslim personal law instead of simply recognizing the Muslim Personal Law Board
as the legitimate representative of the Muslim community. Creating a new mechanism is more
sensitive to the political reality of Muslims in India, which is that they consist of widely
dispersed groups characterized by significant differences. It would also make some provision
to ensure that Muslim women have some access to the institutions which make the rules which
govern their lives.

Topic 5:
Parsi marriage and divorce are governed by the **Parsi Marriage and Divorce Act, 1936**, a
specific legal framework in India that applies exclusively to the Parsi community. This act
outlines the legal requirements for marriage, the grounds for divorce, and other related matters
specific to Parsis, who are followers of the Zoroastrian religion.

1. Parsi Marriage

A. Essential Elements of a Parsi Marriage

- Monogamy: Parsi law mandates monogamy. Both parties must be unmarried at the time of
marriage, except in cases where a previous spouse has died or the marriage has been legally
dissolved.
- Age Requirement: The legal age for marriage under the Parsi Marriage and Divorce Act is
21 years for males and 18 years for females.
- Consent: The consent of both parties is essential for a valid marriage. If either party is
underage or mentally incapacitated, the marriage is considered invalid.
- Prohibited Degrees of Relationship: The Act prohibits marriages between close relatives
within specific degrees of consanguinity, similar to other personal laws in India.
-Ceremonial Requirements: The marriage must be solemnized according to Parsi customs
and rites, typically performed by a Parsi priest called a "Mobed" in the presence of two
witnesses.

B. Registration of Marriage
-Mandatory Registration: After the marriage ceremony, the marriage must be registered
under the Parsi Marriage and Divorce Act. Failure to register the marriage does not invalida te
it but is punishable with a fine.

2. Parsi Divorce

Divorce among Parsis is also governed by the Parsi Marriage and Divorce Act, 1936. The
process and grounds for divorce under this Act are unique to the Parsi community.
A. Grounds for Divorce
- Adultery: If a spouse has committed adultery, the other spouse can file for divorce.
- Cruelty: Mental or physical cruelty by one spouse towards the other can be a ground for
divorce.
- Desertion: If a spouse has deserted the other for a continuous period of at least two years, it
can be grounds for divorce.
- Unsoundness of Mind: If a spouse has been incurably of unsound mind for at least two years
preceding the filing of the petition, the other spouse can seek divorce.
- Imprisonment: If a spouse has been imprisoned for seven years or more, it can be grounds
for divorce.
- Conversion to Another Religion: If one spouse converts to another religion and ceases to
be a Zoroastrian, the other spouse can seek a divorce.
-Leprosy: If a spouse has been suffering from leprosy for two years or more, it can be grounds
for divorce.
- Venereal Disease: If a spouse has been suffering from a virulent and incurable venereal
disease for two years or more, the other spouse can seek a divorce.
- Failure to Return after Presumption of Death: If a spouse has not been heard from for seven
years and is presumed dead, the other spouse can file for divorce.
- Mutual Consent: The Act also allows for divorce by mutual consent if both spouses agree
to end the marriage amicably.

B. Procedure for Divorce

- Filing a Petition: Divorce proceedings begin with the filing of a petition in the Parsi District
Matrimonial Court by either spouse based on the grounds listed above.
- Court Proceedings: The court will hear the case, considering the evidence presented by both
parties. The court may also attempt reconciliation between the parties before granting a divorce.
- Decree of Divorce: If the court is satisfied that the grounds for divorce are met, it will issue
a decree of divorce, legally dissolving the marriage.
-Custody and Maintenance: The court also has the power to decide on matters of child
custody, maintenance, and alimony as part of the divorce proceedings.

3. Parsi Matrimonial Courts

- Special Jurisdiction: Parsi matrimonial cases are heard in special courts known as Parsi
District Matrimonial Courts. Appeals from these courts can be made to the High Court.
 - Composition of the Court: A Parsi District Matrimonial Court is presided over by a judge,
who is assisted by five delegates. These delegates are members of the Parsi community, chosen
for their understanding of Parsi customs and traditions.

4. Legal and Social Considerations

- Cultural Sensitivity: The Parsi Marriage and Divorce Act is designed to respect and preserve
the unique customs and traditions of the Parsi community. This legal framework ensures that
the community's values are upheld while providing modern legal recourse in marital matters.
-Community Focus: The Act reflects the Parsi community's emphasis on family, marriage,
and social cohesion, with particular focus on maintaining the sanctity of marriage while
allowing for legal remedies in cases of marital breakdown.

Conclusion
The Parsi Marriage and Divorce Act, 1936, provides a distinct legal framework for the Parsi
community in India, balancing traditional Zoroastrian values with modern legal principles. The
Act ensures that Parsi marriages are solemnized according to the community's religio us
customs and offers specific grounds and procedures for divorce that reflect the community's
unique cultural heritage.
This specialized legal approach allows the Parsi community to manage marital relationships in
a way that aligns with their religious beliefs while providing necessary legal protections.
Through this framework, the Parsi community can navigate marriage and divorce with respect
for both their cultural identity and the rule of law.
The Christian Marriage and Divorce Act refers to the legal framework governing the marriage
and divorce of Christians in India. The key legislation that applies to Christians in India is the
**Indian Christian Marriage Act, 1872, and the Indian Divorce Act, 1869. These laws regulate
the solemnization of marriages and the legal process for divorce among Christians.
1. The Indian Christian Marriage Act, 1872
The Indian Christian Marriage Act, 1872, outlines the legal requirements for the solemniza tio n
of Christian marriages in India. This Act applies to the marriages of Christians, defined as
people professing the Christian religion.
A. Key Provisions of the Indian Christian Marriage Act, 1872
- Eligibility for Marriage:
- Age Requirement: The Act requires that the minimum age for marriage is 21 years for men
and 18 years for women.
- Consent: The free and voluntary consent of both parties is essential for a valid marriage. If
either party is a minor, the consent of a parent or guardian is required.
- Prohibited Degrees of Relationship:
- The Act prohibits marriages between individuals who are within prohibited degrees of
consanguinity or affinity unless authorized by a special license.

- Solemnization of Marriage:
- Authorized Ministers and Marriage Registrars. Christian marriages must be solemnized by
licensed ministers of religion or marriage registrars appointed by the government.
- Ceremonial Requirements: The marriage ceremony must include a public declaration by
both parties in the presence of at least two witnesses and an officiating minister or registrar,
stating that they take each other as husband and wife.
- Publication of Banns: The Act provides for the publication of banns (announcements of the
intended marriage) in a church or public place for three consecutive Sundays before the
marriage, to allow for objections to the marriage.
- Marriage Certificate: After the marriage ceremony, a marriage certificate must be signed by
the officiating minister or registrar, the couple, and the witnesses, and it must be entered into
the official marriage register.

- Registration of Marriage:
- Mandatory Registration: Christian marriages must be registered under the Act. The
registration ensures legal recognition of the marriage and provides evidence of the marriage in
legal proceedings.

2. The Indian Divorce Act, 1869

The Indian Divorce Act, 1869, governs the legal process for divorce among Christians in India.
It outlines the grounds for divorce, judicial separation, annulment, and other related matters.

A. Key Provisions of the Indian Divorce Act, 1869

- Grounds for Divorce:
- Adultery: Adultery by either spouse is a valid ground for seeking a divorce.
- Cruelty: Inflicting physical or mental cruelty on a spouse is a ground for divorce.
- Desertion: If a spouse deserts the other for at least two years, the deserted spouse can file
for divorce.
- Conversion to Another Religion: If one spouse converts to another religion and ceases to be
a Christian, the other spouse may seek a divorce.
 -Impotency: If a marriage has not been consummated due to the impotency of either spouse,
it can be annulled.
- Insanity: If a spouse has been incurably insane for at least two years, divorce can be sought.
- Venereal Disease: If a spouse is suffering from a virulent and incurable form of venereal
disease, it is a ground for divorce.
- Bigamy: If a spouse is already married to someone else, the other spouse can seek divorce.

- Divorce by Mutual Consent:

- The Act was amended in 2001 to allow for divorce by mutual consent, wherein both spouses
agree to dissolve the marriage.

- Judicial Separation:
- The Act allows for judicial separation, where the spouses live separately but remain legally
married. Judicial separation can be granted on similar grounds as divorce.

- Annulment of Marriage:
- The Act provides for the annulment of marriages that are void or voidable. A marriage is
void if it contravenes the essential conditions of marriage, such as prohibited degrees of
relationship or lack of valid consent. A voidable marriage can be annulled on grounds such as
impotency, fraud, or coercion.

- Alimony and Maintenance:

- The Act empowers the courts to award alimony and maintenance to the wife during and after
the divorce proceedings, considering factors such as the husband’s financial capacity and the
wife’s needs.

- Custody of Children:
- The Act also provides for the custody of children in divorce cases, with the primary
consideration being the welfare of the children.

3. Jurisdiction of Courts
- Family Courts: Family Courts or District Courts have jurisdiction to hear cases under the
Indian Christian Marriage Act and the Indian Divorce Act. Appeals from these courts can be
made to the High Court.
- Civil Courts: In areas without Family Courts, civil courts with appropriate jurisdiction handle
matrimonial matters under these Acts.

4. Legal and Social Considerations

- Gender Equality: The Indian Divorce Act, 1869, originally required that a wife seeking
divorce on grounds of adultery had to prove additional grounds like cruelty or desertion, unlike
the husband. However, this provision was amended in 2001 to allow both spouses to seek
divorce on the ground of adultery alone, promoting gender equality in divorce proceedings.
- Religious Sensitivity: The Indian Christian Marriage and Divorce Acts respect the religio us
practices and customs of Christians while providing a legal framework for marriage and
divorce. The Acts ensure that Christians can solemnize their marriages according to their
religious beliefs while having the legal backing of Indian law.

5. Conclusion
The Indian Christian Marriage Act, 1872, and the Indian Divorce Act, 1869 form the legal
foundation for marriage and divorce among Christians in India. These Acts provide a
comprehensive legal framework that respects Christian religious practices while ensuring that
marriages are legally recognized and that individuals have access to legal remedies in cases of
marital breakdown.
The Acts have evolved over time, with amendments addressing issues of gender equality, the
inclusion of divorce by mutual consent, and provisions for alimony, maintenance, and child
custody. The legal framework thus balances the protection of individual rights with the
preservation of religious and cultural values, making it a vital aspect of Christian personal law
in India.