Quaid-e-Azam Law College

Concept of Family in Islam ;
Marriage as the Foundation of Family Unit


Handout # 1 Muslim personal law
LLB part II


Concept of family in Islam
It emerges out of
concept of honour and Taqwa for both genders
The idea of a complete and strong society based on strong units
Idea of mutual and respectable relations between spouses
Better up bringing of children
Systematization of domestic and social life

Family Matters

Law of Marriage
Law of Dower
Law of Matrimonial relief
Law of Maintenance
Law of Parentage
Law of Guardianship

MARRIAGE
Institution of marriage is the Central idea of the branch of family law.
In Islam Marriage is a civil contract.
A contract which has in its objects the procreation and legitimation of children and preservation of human race.

Nature of Marriage

“Although a religious duty marriage is emphatically not a sacrament. There are no sacraments in Islam, nor is it coverture…Mohammedan marriage is purely contractual.”
Fitzgerald, Mohammedan law, 1931 Ed. P.37

CAPACITY
Who may enter in the contract of marriage
Muslim
Sound minded
Major
Minor and lunatics may enter in this contract by guardians
Malikies and Shafais require consent of guardian for girl even if she is major

ESSENTIALS

Proposal or Ijab by any party
Acceptance or Qubol by other party
Free consent
Witnesses; two, sound minded, professing Islam
One meeting

TYPES OF MARRIAGE

VALID
Which completes all requisites of Nikkah
VOID
It is perpetually prohibited i.e. plurality of husband
IRREGULAR
It is called Nikkah-e-Fasid and it has only temporary bars

IRREGULAR MARRIAGE

Marriage in iddat
With two sisters
Fifth marriage
Without witnesses
Difference of religion

IDDAT
It is the Period to remain in seclusion for women after the death of the husband or divorce.
On death:
4 months 10 days weather consummated or not, if women is pregnant which time is longer

Iddat On divorce:
-3 courses if marriage is consummated
- no iddat if it is not consummated.
-3 lunar months if wife is minor
-on delivery if pregnant.
(both commence from date of death or divorce)

PROHIBITION ON GROUND OF CONSANGUNITY

PROHIBITION ON GROUND OF AFFINITY (VOID)

PROHIBITION ON GROUND OF FOSTERAGE (VOID)

UNLAWFUL CONJUNCTION: MARRIAGE WITH TWO SISTERS AT A TIME

EFFECTS OF VALID MARRIAGE

Dower
Maintenance
Residence
Obedience to husband
Co-habitation becomes legal
Prohibited relations
Iddat
inheritance

EFFECTS OF VOID MARRIAGE
No civil rights
Children illegitimate

EFFECTS OF IRREGULAR MARRIAGE
Both parties can relinquish
No effects if not consummated
If consummated:
Dower proper or specified whichever is less
Iddat – three courses
Child legitimate
No inheritance

PRESUMPTION OF MARRIAGE
Prolonged and continual co-habitation
Acknowledgement by man of child
Acknowledgement of man as to wife

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" punish me but DON'T forgive me"