Islam and Marriage
A Muslim marriage, or Nikah, is a legal contract between a man and woman who shall live as husband and wife, as opposed to Hindu marriages, which are regarded as sacraments. Marriage is viewed from a religious perspective as “Ibadat” or an act of devotion.
To commit a Nikah, no formal rites or ceremonies are required. Despite the fact that the following requirements are necessary-
Ejab-o-Kubool- A marriage proposal that is accepted by both parties
Free and unbiased agreement
Two witnesses are to be present (not a minor)
The bride and groom must be of sound mind and have reached puberty
A legal contract (oral or written) outlining the duties of the bride and the groom are necessary for a Muslim marriage to be recognized by the religion
Islam and Divorce
Once a divorce is finalized, cohabitation is prohibited and property cannot be inherited. Only the “Mehr” must be paid, if any. The married woman is entitled to receive assistance and maintenance from the former husband during the “Iddah” if necessary. During this waiting period, the husband or wife may make an effort at reconciliation. The money that women make while they are married stays with them. In a divorce, the wife's assets and property are not divided.
Islam and Remarriage
Both widows and divorcees can remarry. Before getting married again, a divorced or widowed woman should observe the Iddah (3-month fast). If a woman has children from a previous marriage, she must wait until they are born before getting married again.
Islam and Polygamy
Islam upholds monogamy as the norm and polygamy as the exception. The Muslim Marriage Laws in India allow men to have up to four wives but only one husband at a time for women.
In India, polygamy, as defined by the Muslim Marriage Act, has not been outlawed, but it is not frequently practiced. The people who find it morally repugnant can find it in a specific provision in the marriage contract.
Role of Judiciary
In the case of Nahida & Anr. vs. State of Haryana (2021), the petitioner (woman) had a previous marriage with a different person from whom she obtained a divorce, but there was no documentation for this divorce obtained in accordance with Muslim Personal Laws or the Muslim Marriages Act of 1939.
The issue of how protection can be provided to a pair whose marriage does not legally exist because the wife did not obtain a divorce from her previous husband was raised in court. No claim was made that the wife's first marriage ended with divorce.
It was held that while a Muslim man is permitted to marry multiple times without divorcing his first spouse, a Muslim woman is not permitted to do so. In accordance with Muslim personal law or the Muslim Marriage Act, she must divorce her former husband to remarry else the second marriage would be considered void or illegal.
Role of Lawyers
Gather all the Relevant Documents- The lawyers help in gathering all the documents needed to get a divorce in a smooth and fast process. Because without any documentation or proof of divorce decree, a Muslim woman cannot remarry anyone she wants.
Help to get the Divorce- The lawyers help to get the first divorce done smoothly and quickly by saving your time and get the divorce decree as soon as possible.
Help in Making the Affidavit- An authenticated affidavit confirming the couple's marital status is required. A lawyer can help you with the preparation of this affidavit. The registrar requires this affidavit to affirm that the couple is of the age of majority to marry and to ensure they are not being forced into a union.
Protects you from Punishment- The lawyers help in quashing the punishment under Section 494 of the Indian Penal Code if she remarries someone by providing the necessary details in the court that would prove her second marriage to be legal.
If you want to get married in Jaipur Court, you can employ court marriage lawyers in Jaipur, and if you want to get married in Lucknow Court, you can also hire court marriage lawyers in lucknow. Similarly, if you want to conduct court marriages in Delhi Court, you can hire court marriage lawyers in delhi.
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