Marriage under Muslim Law
Marriage under Muslim law is the matrimonial institution that legalizes the sexual activities of a couple and procreation. According to Islam, marriage, not just a civil contract but is considered a religious duty.
Muslim law is derived from Quran, customs, equity, etc. Hanifa, Hambali, Maliki, and shafai are four major Sunni schools of thought among which Hanifa is dominant in our country. Marriage is called Niqah in Islam.

The essential conditions for a Muslim Niqah are-

1. The parties must be capable of the marriage.
2. Proposal which is known as an ijab, and acceptance which is known as qubool in Islam.
3. Both the parties are voluntarily willing to marry.
4. A consideration which is called Mehr in Islam
5. No legal insufficiencies should be present.
6. Presence of witnesses.

When is a Muslim marriage considered valid?
Valid Muslim marriages are known as ‘Shahih’. For marriage to be valid, all the legal requirements shall be fulfilled without any prohibitions. The prohibitions might be temporary or permanent. In the case of temporary prohibition, the marriage is irregular(fasid) and in the case of permanent prohibition, the marriage is void(batil).

What happens when a marriage is irregular or fasid?
The marriage becomes irregular when the formalities are not fulfilled or some kind of impediment is present. This kind of marriage is not unlawful and the irregularities can be removed.
Circumstances in which marriage becomes irregular are –

1. Lack of the number of witnesses.
2. Marriage contracted during the Iddat period of a woman.
3. Marriage contracted without the consent of the guardian.
4. Marriage is prohibited due to religious differences.
5. Marriage with a pregnant woman ( pregnancy not caused by adultery)
6. Fifth marriage.

What happens when a marriage is void or batil?
Such a marriage is void ab initio and there are no rights or duties attached to such a marriage. In such circumstances, if children are born, they are considered illegitimate. Circumstances under which marriage is considered void are-

1. Marriage with a blood relation.
2. Marriage with another’s the wife
3. Marriage with a divorced woman during her Iddat period.

Registration of marriage under Muslim law
According to section 3 of the Muslim Marriages Registration Act 1981, the marriage shall be registered within 30days of the completion of the Nikah ceremony. Registration is compulsory. The legal document containing the details of the marriage is called Nikahnama. The components of Nikahnama are-

1. Place
2. Full name of the bridegroom
3. Age
4. Residence
5. The living or dead status of the father
6. Civil status of the bridegroom- unmarried, divorced, widower, no. of wives.
7. Signatures of the bridegroom, lawyer, and guardian.
8. The name of the person who conducted the ceremony.
9. Signature of the person who conducted the ceremony.
10. The amount of dower
11. The manner in which dower is paid
12. Names of the witnesses with the addresses and parentage.

Dissolution of marriage under Muslim law
There are two kinds of divorces under Muslim law i.e. judicial and extrajudicial. The divorce (talaaq-e-Sunnat)has two categories-

1. Talaaq-e-Ahsan
2. Talaaq-e-Hasan
   Talaaq-e-Biddat is now disapproved.

Talaaq-e-Ahsan –
Once the husband pronounces Talaaq, three months period is considered after this which is meant for reconciliation. If any kind of cohabitation occurs during this period, the talaaq is considered to be revoked.

Talaaq-e-Hasan-
Under this form, talaq is to be pronounced three times after menstrual cycles. After making one declaration of talaq, the husband has to wait for another menstrual cycle for further declaration. The husband can revoke the first and second revocations in any way- express or cohabitation.
In such circumstances, talaq becomes ineffective. But in case the revocation does not take place, then the husband has to make the third and last declaration.

Talaaq-e-Biddat is also known as triple talaq allowed men to immediately divorce their wives after pronouncing the word ‘Talaq’ three times. The only condition under this form is that the woman should not be menstruating. The principle of triple talaq has been set aside by the supreme court in the case of a judgment of Sayara Bano Vs. Union of India.