Read on this article to explore the basic interpretations of Muslim Marriage Act in the Indian Constitution.
Muslim Marriage Act
India is land of diverse culture and religions. People of many religions live here with peace and harmony. Though similar constitutional rights and duties are assigned to all the citizens of the country, they are free to abide by their own social and religious belief. The marriage acts of different religions are framed in the Indian constitution in accordance with their social and religious set up, as the Hindu Marriages are framed according to the Hindu cultural beliefs and customs, the Muslim Marriage Act has been framed keeping in mind the social, religious and cultural traditions of the Muslims. Given below are the basic interpretations of the various sections of Muslim Marriage Act, for the understanding of common men…
Basic Interpretations Of Muslim Marriage Act
- Under the law, Nikah or marriage is a civil contract and may be permanent or temporary and no religious ceremony or ritual is necessary. It states that to have a valid Nikah or marriage under the Muslim law, presence of a Qazi or priest is not necessary. Merely a proposal in the presence and hearing of two normal males or one normal Muslim male and two normal Muslim female adults, and acceptance of the said proposals at the same time constitute a legal wedding under the Muslim Personal Law.
- The Muslim Marriage law permits a man four wives if he treats all of them equally.
- It is assumed that on completion of 15 years of age, a person attains puberty. If a person is of sound mind, normal and has attained puberty his or her marriage cannot be performed without his or her consent.
- To have a legal and valid marriage following conditions are to be satisfied like both should be of sound mind or the guardian in marriage should act on behalf of the person of unsound mind in arranging the marriage contract. Either the parties should have attained the age of puberty or the guardian in marriage on behalf of the party concerned should enter into the marriage contract.
- In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary. The husband and the wife with mutual agreement can also put an end to the marriage.
- There are certain prohibited relationships, whose marriage is considered void. Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.
- There is a slight variation in the laws that govern the Sunni and Shia Marraiges. However, the basic elements are same in both of the cases.