 INTELLECTUAL

GROUP

PRESENTATION

TOPIC- MARRIAGE

 DATE- 06/11/2021
1. INTRODUCTION

Marriage is a civil contract.

 It is a method to legalize sexual intercourse between a man and

woman.

 To legitamize the children.

 It is also a religious obligation.

 It needs not to be in written form.

2. LITERAL MEANING OF MARRIAGE.

 Wedlock.
 To legalize a mutual relation between husband and woman.

3. DEFINITION OF MARRIAGE OR NIKAH.

 Nikkah is a contract formed for granting milk mutah to the man

over the women,that is,ownership of physical access to the woman.

 Marriage is also defined as the the social contract between a man

and woman in order to legalise sexual intercourse and to procreate and
legalize children.
4. CLASSIFICATION OF MARRIAGE.

 VALID.
The marriage in which the ASL ( Foundation) and
WASF (External attribute) both are in order.

 VOID.
The marriage in which the ASL is defective.

 IRREGULAR OR VOIDABLE.
The marriage in which the ASL is in order but the WASF
is defective.
5. NATURE OF MARRIAGE.

 Civil contract
 Religious obligation.
 Sunnah muakkedah

6. IMPORTANCE OF MARRIAGE.

 The importance of marriage can be deduce from the saying of the prophet
(PBUH) i.e If a person is in a position to maintain his wife and can give dower,
he must get himself married.
7. ESSENTIALS OF VALID MARRIAGE.

A) LEGAL CAPACITY.

 A person of sound mind .

 The person who attained the age of puberty. Puberty means the one
who can procreate and able to do sexual intercourse.
 The child marriage restraint act-1925 defines the age of puberty for
male is 18 years while for female is 16 years.
 Who can give dower.

B) PROPOSAL AND ACCEPTANCE.

 Proposal and acceptance will be in a same meeting by the ones whose

getting married or through his or her agent.
 C) DOWER.

 The importance of dower can be observed from the saying of HAZARAT

ALI(R.A) i.e No dower, no mariage.

 There is no marriage without dower. The marriage without dower is invalid.

D) PRESENCE OF WITNESS.

 According to Hanafi school of thought two male or one male and two female
witness is required during the course of marriage.

 According to shia law no witness is required for the contract of marriage.

 E) FREE CONSENT.

 There must be free consent from both sides during the contract
of marriage.
 The consent will be free from fraud, misrepresentation, mistake, coercion
and undue influence.
 The free consent can be given by adult and with soundness of mind.
 Marriage obtained due to mistake stand dissolved. Case laws related
to these are following.
1. 1998 MLD 1972
2. PLD 1994(KARACHI) 46.

F) IT MUST NOT BE PROHIBITED BY SHARIA.

 There are two types of prohibition in sharia.

1. Absolute(that is completely void).
2. Relative ( that is irregular and can be become valid if the defect is removed).
8) CONDITIONS OR IMPEDIMENTS TO MARRIAGE.

a) That the statement of offer and acceptance must be made by a person

who is major and sane.
b) That the validity of the contract of marriage is not affected if offer and
acceptance is based on involuntary statements, are given under coercion
or are made in jest.
c) That the requirements of witness must be met.
d) That the woman marrying should not be married to another.
e) That the woman should not be in her waiting period.
f) That the bride should not be polytheist where the groom is a muslim.
g) That the groom must be a muslim where the bride is muslim.
h) That the contract of marriage must be concluded with mahar.
i) That the contract must be intended as a perpetual contract; the contract
for a temporary marriage is not permitted. Shiah law permit it.
j) That the marriage concluded should not result in admitting a fifth wife.
k) The women must not be one who is perpetually prohibited for the man.
l) That the man can not marry two sister at the same time.
9) CONDITIONS IMPOSED BY THE STATE (MFLO , 1961)

 Registration of marriage is made compulsory under section 5

of MFLO,1961.
 Polygamy was made contingent upon the permission of the
aritration council under the section 6 of MFLO,1961.
 In state law , the need or an intervening marriage prior to
re-marriage or of halalah stands eliminated under section 7
of MFLO,1961 and this provision restricts divorce to the ahsan
form.
 Conditions for marriage imposed by the state do not affect
the legal validity of the contract , but entail criminal or financial
liability.
10) PURPOSE OF MARRIAGE.

 It is to legalize sexual relations of male and female.

 Legalization of children.
 Performance of religious obligation.
 Protection of social life.
 Preservation of human race.
 Protection of women.
 Protection against unlawful sexual activities.

11) CONCLUSION.

 In short islamic marriage is not only religious obligation but

also a social contract. It is performed by man and woman of sound mind
who have reached the age of puberty and with the free consent. its basic
aim is to preserve human race with dignity and honour.
THANK YOU