ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.

ESSENTIALS OF VALID MARRIAGE:

PROPOSAL AND ACCEPTANCE (IJAB AND QABUL)

Marriage is a civil contract between the parties. Like any other contract, marriage is constituted by ijab-o-qabul, that is by declartion and acceptance. There must be a proposal made by one or on behalf of one party to marriage and acceptance of the proposal by or on behalf of the other.

The proposal and acceptance must be in uneuivocal terms and may be made in words sign and in writing.

 

CONSIDERATION (DOWER)

Hazat Ali (R.A)

“There can be no marriage without a dower”

 

 

CONSENT:

Parties contacting a marriage must be acting under their free Will and Consent, i.e. without corecion, undue influence or fraud.  A marriage without consent of parties is invalid and even after consumation with the consent of woman except under Hanfi Law.

 

SUFFICIENT WITNESS:

At the time of soleminization of a muslim marriage there presnet at least two males or onel male and two females witnesses who are sane, adult and muslims.

U/Suuni Law- Abesence of witnesses doesnot render the marriage void but irregular.

U/Shia Law- The presense of witnesses is not essential.  However they are required at the time of dissolution of marriage.

 

CAPCITY:

For a valid marriage person must be of soundmind and Person must attian the age of puberty.

U/Sunni Law: age of puberty of male is 12 years and for female  is 9 years.

U/Shia Law: age of puberty for a male is 15 years and for female is 9 years.

U/Pakistani Law:  age of puberty for a male is 18 years and for female is 16 years.

Howver a person of unsound mind and a minor can also contract a valid marriage  by their respective guardians.

But the maliks and shafis hold the opinion that a girl even though a major cannot contract a marriage herself without the consent of guardian.

 

NO LEGAL DISBALITY:

There should be no legal bar to the marriage. Mere capcity to marriage doesnot make a Mulsim marriage valid. Legal disablity means the exitence of certain circumsatanses under which a marriage is not permitted. Such prohibitions has been classified into four classes as follows:-

Absolute Prohibition i.e., On the ground of Consangunity, affinity and fosterage

Relative Prohibition i.e., On the ground of unlawful conjugation, polygamy, diffrence of relegion, absense of witnesses and woman undergoing iddat

Prohibitive Prohibition i.e., polyandry and marriage with non-muslim

Direrectory i.e.,  marriage with a pregnant woman, prohibition after divorce, marriage during pilgrimage and prohibition on the ground of equality

 

REGISTRTION OF MARRIAGE:

Every marriage solemnized under Muslim Law shall be registered in accordance with the section 5 of the MFLO, 1961:

   e.g., Marriage shall be solemnized by the Nikkah Registrar and keep the record in the union council and shall provide the copy of Nikkah to the parties.