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    MARRIAGE Muslim

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    Rishabh Singh
    The document discusses marriage, divorce, and related topics in Islam. It states that in Islam, marriage is a civil contract rather than a religious sacrament. It also discusses the concept of muta marriage in Shia law, which allows temporary marriages for a specified duration in exchange for payment. The document explains iddat, the waiting period a woman must observe after a divorce or her husband's death before she can remarry, and notes one of the reasons for this is to determine if she was pregnant prior to the divorce or death.

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    MARRIAGE Muslim

    Uploaded by

    Rishabh Singh
    79 views2 pages
    The document discusses marriage, divorce, and related topics in Islam. It states that in Islam, marriage is a civil contract rather than a religious sacrament. It also discusses the concept of muta marriage in Shia law, which allows temporary marriages for a specified duration in exchange for payment. The document explains iddat, the waiting period a woman must observe after a divorce or her husband's death before she can remarry, and notes one of the reasons for this is to determine if she was pregnant prior to the divorce or death.

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    MARRIAGE muslim.docx

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    The document discusses marriage, divorce, and related topics in Islam. It states that in Islam, marriage is a civil contract rather than a religious sacrament. It also discusses the concept of muta marriage in Shia law, which allows temporary marriages for a specified duration in exchange for payment. The document explains iddat, the waiting period a woman must observe after a divorce or her husband's death before she can remarry, and notes one of the reasons for this is to determine if she was pregnant prior to the divorce or death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views2 pages

    MARRIAGE Muslim

    Uploaded by

    Rishabh Singh
    The document discusses marriage, divorce, and related topics in Islam. It states that in Islam, marriage is a civil contract rather than a religious sacrament. It also discusses the concept of muta marriage in Shia law, which allows temporary marriages for a specified duration in exchange for payment. The document explains iddat, the waiting period a woman must observe after a divorce or her husband's death before she can remarry, and notes one of the reasons for this is to determine if she was pregnant prior to the divorce or death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MARRIAGE

    In Islam, marriage is a civil contract. ‘Although a religious duty, marriage is emphatically not a sacrament.
    There are no sacraments in Islam, nor is it covertures, Mohammedan marriage is purely contractual.’

    According to Schacht, marriage is a contract of civil law, and it shows traces of having developed out of
    the purchase of the bride, the bridegroom concludes the contract with legal guardian (wali) of the bride,
    and he undertakes to pay the nuptial gift or dower (Mehr, Sadak), not in the Wali as was customary in
    pre-Islamic period, but to the wife herself.

    Indian courts have also declared Muslim marriage as a contract. Mohmood J., while defining Muslim
    marriage in Abdul Kadir v. Salima, observed:

    Marriage in Muslim law is not a sacrament but purely a civil contract- though it is solemnized generally
    with recitation- from the Quran, yet Muslim law does not positively prescribe any service peculiar to the
    occasion. That is a civil contract, it is not positively prescribed to be reduced to writing, but the validity
    and operation of the whole are made to depend upon the declaration or proposal of the one, and the
    acceptance or consent of the other, of the contracting parties, or of their natural or legal guardians
    before competent and sufficient witnesses, and also upon the restrictions imposed, and certain of the
    conditions required to be abided by according to the peculiarity of the case.

    MUTA MARRIAGE

    The Shia law recognizes Muta marriages, but according to Sunni law, such marriages are void. Among
    Shias also the Ithna-Ashari school only permits such marriages, but the Zaidi school or Shias law and
    other Ismaili Shias including the Khojas and the Bohras of Bombay, do not recognize Muta.

    The literal meaning of the word ‘Muta’ is ‘enjoyment, use’. So ‘Muta’ may be defined as a temporary
    union of male and female for specified duration, on payment of some consideration. Literal meaning of
    the Arabic word ‘Muta’ is ‘enjoyment’, therefore it may also be regarded as ‘marriage for pleasure’. In an
    ancient period of Islam, when the Arabs had to live away from their homes for a considerably long
    period either on account of wars or on trade-journeys, they used to satisfy their sex desires through
    prostitutes. In that society there was a custom whereby the Arab women used to entertain men in their
    own tents. The man, who wanted to enter the tent, has to pay some consideration as the entrance fees.
    There were no mutual rights and obligations between the man and woman. Any of them could terminate
    the union at any time. The children bornout of this union belonged to the woman. Slowly, this union got
    some changes and the fixation of the term of union for some amount to be given to the woman, was
    made compulsory, which acquired the name of Muta.
    IDDAT

    Iddat (also pronounced IDDAH) is a period of waiting that Islam has imposed upon a woman who has
    been divorced or whose husband has died, after which a new marriage is permissible.

    There are several reasons why the Iddat has been ordained. As regards the Iddat that is calculated
    according to the cycle of menstruation, the purpose is firstly, to establish the state of the womb, i.e., to
    ascertain whether there has been conception prior to divorce or not. When menstruation has been fixed
    as the basis for Iddat, it will be the mere formality to establish this, for when the blood haidh flows it is a
    sure sign that the womb is empty of a foetus.

    DIVORCE:

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