Dr Puneet Agrawal
Muslim marriage in Islam is said to be part of half deen, the religion. You are here at the blog perhaps because you could not find your Muslim soul mate and miserably failed in completing half your deen. While feeling sad about why you are shown a religiously failed being over this blog and feel is a waste of time to be here than better search a second Muslim bride on some matrimony site. Go for it who has stopped you! Nikah is your privilege, and happy living your right. I pray for your innovative ideas to enhance your next Zawaj experience. Before you struck with another disaster known as a failed marriage, that may strike immediately after Nikah these days, you should refresh your idea about the theory of Marriage in Islam and particularly in India.
I do not wish to revive the Quranic fundamentals of marriage here, as a learned disciple of Islam, you must be aware of it by default via preaching since childhood. What you need to know about Nikah as a “failed husband” and what will be needed as basic knowledge while dealing complex legal situations in the Court is dealt with here.
There is nothing extra grown for a Muslim marriage in Indian soil, the marital cultivation has taken all raw material from the Arabic - Islamic tradition with local, social and legal adaptation.
Marriage is a civil, socio-legal contract between bride and groom. A formal, binding contract – verbal or on paper is considered integral to a religiously valid Islamic marriage and outlines the rights and responsibilities of the groom and bride. This contract is a strong covenant as expressed in Quran 4:21. It outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings under Shariat.
What is expected from you is that before you jump into the legal arena should to be aware of various terms and fundamentals of Nikah or Muslim marriage in India? With a non-exhaustive list, you should at least know:
1. The Quranic and Shariat discourses over marriage: Purpose, need, capacity, essentials, effects of marriage.
2. Who should marry and when?
3. How Nikah should occur?
4. The duties and rights of married couples towards each other and the society at large.
5. The concept of sex and other marital obligations as per Shariat and the Indian Law.
6. Registration of Marriage under Muslim Law
7. Valid (sahih), Void (Batil), Irregular (Fasid), Temporary (Muta) marriage
8. Presumption of Marriage
9. Conditions of marriage
10. Iddat
11. Polygamy: Provision, restrictions and practice-procedure of how and when to do it.
12. Concept and the practice of handling of Dower (Mahr).
13. Shariat Act of 1937
14. Child Marriage Restraint Laws
15. Special Marriage Act
16. Indian Contract Act and Akd
17. Restitution of Conjugal Rights
18. Difference between Shia and Sunni Marriage
19. Religious conversion to Islam, renunciation and related rights and restrictions
Because in India, Muslim Law is not codified, the problems persist at many levels over the interpretation and applicability of legally acceptable conditions derived from the Shariat. The confusion starts from the day of marriage, with the word “marriage” itself. It is a matter of query still existing whether Muslim marriage is only a civil contract or a sacrament? While unleashing the various definitions it is quite a big problem to say which one is the most appropriate under several conflicting judicial pronouncements over it.
Marriage (Nikah) amongst Muslims is in the nature of a contract or “solemn pact” (Misaq-e-ghaliz) between persons of two opposite sexes, soliciting each other’s consent for the company, making it a lawful contract (Aqd). The concept is somewhat different from Hindu Law where marriages are regarded as a sacrament. There is a difference of opinion whether marriages in Muslims are mere civil contracts. The votaries of the theory of marriage being more than a civil contract base their opinion on the fact that the Prophet described Nikah as his “Sunnat”. Only the form of Muslim marriage is contractual and non-ceremonial but so far as the concept of marriage is concerned, it is something more than a contract. Though marriage under Muslim Law is only a civil contract yet the rights and responsibilities consequent upon it are of such importance to the welfare of humanity, that a high degree of sanctity is attached to it. But in spite of the sacredness of the character of the marriage- tie, Islam recognizes the necessity, in exceptional circumstances, of keeping the way open for its dissolution.
There are three aspects of marriage in Islamic law, which are necessary to understand the institution of marriage as a whole, namely, (i) Legal, (ii) Social, (iii) Religious. Marriage under Muslim law gives rise to certain definite obligations. Some of such obligations now find mention in the provisions of various acts. There is a clear distinction in the present state of law, between legal and moral obligations. Legal obligations are enforceable in law.
So, you may be a good character, committed, a religiously fantastic husband but that hardly matters. What is expected from you is to be “legally fantastic” in serving your wife as per your contract with her, expressed or implied, you have to do it.
Laugh, play and joke with your wife. It's sunnah! It is your right to behave normally and not to expect abnormal. You have accepted this willingly, said in full hoshohawas: “Qubool”. But now I am sure you have understood that this Qubool certainly meant, “I accept the terms and conditions.”
