Marriage in Muslim law is a sacred contract between a man and a woman with the intention of creating a family unit.
Essential Features of Marriage under Muslim Law
- Offer and Acceptance: Marriage under Muslim law is a contractual relationship, which requires an offer (ijab) and acceptance (qabul) between the bride and groom. Both parties must agree to the terms and conditions of the marriage.
- Guardianship: The bride must have a guardian (wali) who is responsible for giving her away in marriage. The guardian can be her father, grandfather, brother, or any other male relative.
- Competence: Both parties must be competent to enter into the marriage contract. They must be of legal age, be sane, and have the capacity to understand the nature of the contract they are entering into.
- Mahr: The marriage contract may include a mahr, which is a gift from the groom to the bride. The mahr can be paid in cash, property, or any other form of consideration. The mahr is considered the property of the bride, and she has the right to use it as she sees fit.
- Witnesses: Two male witnesses or one male and two female witnesses must be present during the marriage ceremony to witness the offer and acceptance.
- Monogamy: Muslim law allows for monogamous marriages, meaning a man can only have one wife at a time. However, polygamy is permitted under certain conditions, such as the ability to treat all wives equally.
- Dissolution: Muslim law recognizes the right to divorce. If the husband initiates the divorce, it is known as talaq. If the wife initiates the divorce, it is known as khula. The divorce process requires specific steps to be followed, including a waiting period and the payment of maintenance to the wife.
