![]() ![]() If there is no free consent a Muslim marriage is void. The proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of female witnesses, who must be sane and adult Muslim.įree consent of the parties is absolutely necessary for a valid marriage. Writing,the document is called ‘Nikah nama or Kabin-nama. Where the offer and acceptance are reduced into ![]() ![]() ![]() The proposal and acceptance need not be made in writing. Under the Shia law witnesses are not necessary at the time of marriage. Absence of witnesses does not render marriage void but make it void able. Under the Sunni law, the proposal and acceptance must be made in the presence of two male Muslims who are of sound mind and have attained puberty or one male and two female witnesses who are sane, adult and Muslim. Neither writing nor any religious ceremony is essential. The proposal and acceptance must both be expressed at one meeting a proposal made at one meeting and acceptance made at another meeting does not make a valid Muslim marriage. Under the Muslim law for the validity of a marriage there must be a proposal and acceptance at the same meeting. However the marriage between two Muslims who have attained puberty is valid though they have violated the provisions of Child Marriage Restraint Act. Thus if two Muslims marry before attaining the age prescribed under the child marriage restraint Act they are liable to be punished. The parties who are violating the provisions of Child Marriage Restraint Act are liable to be punished. The Act prescribes that for a valid marriage the minimum age for male is 21 and female is 18. A marriage under Muslim law is perfectly valid if the parties have attained puberty and satisfied all other conditions specified by the law.Īccording to the child marriage restraint act 1929, a marriage of male below 21years of age and female below 18 years of age is child marriage. So the boy and girl who has attained puberty can validly contract a marriage. A person is presumed to have attained the age of puberty on the completion of 15 years. Puberty means the age at which a person becomes adult (capable of performing sexual intercourse and procreation of children). There must be a clear proposal and acceptance.Įvery Muslim of sound mind who has attained puberty, may enter into a contract of marriage. The parties must have the capacity to marryĢ. For a valid Islamic marriage, the following conditions must be satisfied:ġ. ![]()
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