MUSLIM FAMILY LAW
MARRIAGE
“Marriage is a civil contract between the spouses solemnized according to religious and social of the parties”
Who can enter into a Contract for Marriage?
• Every Muslim of sound mind, who has attained puberty, exercising his free will, may enter into a contract for marriage.
• Marriage of a Muslim who is of sound mind and has attained puberty is void if brought about without his or her consent.
• Minor who have not attained puberty may be validly contracted in marriage by their respective guardians.
• Lunatics may be validly contracted in marriage by their respective guardians.
Registration of Marriage:
Every Marriage shall be registered with the Nikah Registrar.
Contravention is punishable with imprisonment and/or fine.
What is the effect of religious differences between parties?
• A Shia male may contract a valid marriage with a Sunni female and Shia female may contract a valid marriage with a Sunni male.
• A Shia male may contract a valid marriage with an Ahl-e-Kitab female i.e. a Christian or a Jew female but a Muslim female can only contract a valid marriage with Muslim male.
• Neither a Shia male nor a Shia female can contract a valid marriage with a Hindu.
Contravention is punishable with imprisonment and/or fine.
What is the effect of religious differences between parties?
• A Shia male may contract a valid marriage with a Sunni female and Shia female may contract a valid marriage with a Sunni male.
• A Shia male may contract a valid marriage with an Ahl-e-Kitab female i.e. a Christian or a Jew female but a Muslim female can only contract a valid marriage with Muslim male.
• Neither a Shia male nor a Shia female can contract a valid marriage with a Hindu.
