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| The Muslim Marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / 'Nikah' is a contract underlying a permanent or temporary and permits a man four wives if he treats all of them equally. It states that to have a valid Nikah or marriage under the Muslim law, presence of a Qazi or priest is not necessary. Merely a proposal in the presence and hearing of two normal males or one normal male and two normal female adults, all Muslims and acceptance of the said proposals at the same time constitute a legal wedding under the Muslim Personal Law. It is assumed that on completion of 15 years of age, a person attains puberty. If a person is of sound mind, normal and has attained puberty his or her marriage cannot be performed without his or her consent. In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary. The husband and the wife with mutual agreement can also put an end to the marriage. |
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Islam in India is the second-most practiced religion after Hinduism. There are approximately 174 million in India, i.e. 16.4% of the population. India has the second largest population of Muslims in the world.
Procedure For Muslim Nikah
According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage at one meeting and the agreement should be witnessed by two adult witnesses. The words conveying proposal and acceptance must be uttered in each other's presence or in the presence of their Lawyer or Qazi. The other condition for a valid marriage is that the transaction must be completed at one meeting. At another meeting do not constitute a valid marriage. Under the Sunni Law, the proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage. A Muslim Marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Prohibitions Unlawful conjunction Marrying a fifth wife Marrying a woman undergoing iddat Marrying non-Muslim Absence of proper witnesses Woman contracting a second marriage during the subsistence of the first marriage Marrying pregnant women Marrying own divorced wife Marrying during pilgrimage Requirements Proposal and Acceptance Competent Parties
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No legal Disability
Divorce
Marriage under Islam is only a civil
contract and not a sacrament. A husband can leave his wife
without any reasons merely by pronouncing the word "Talak"
thrice. However, for a Muslim woman to obtain divorce certain
conditions are necessary. The husband and the wife with mutual
agreement can also put an end to the marriage.
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