India is a land of many culture and religion and
there is personal law for every religion. So just like the Hindus their
personal law also governs the Muslim marriages. Under the law Nikah or
marriage is a civil contract and may be permanent or temporary and no
religious ceremony or ritual is necessary. The law permits a man four
wives if he treats all of them equally. The Muslim marriage is governed
not by the Indian Majority Act, 1875 but by Muslims law itself. 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 male and two
normal female adults, all Muslims and acceptance of the said proposals
at the same time constitute a legal wedding under the Muslim Personal
Law. 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.
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. 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. 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 are even differences in marriage rules among the Sunni
and Shias.
