Irregular Marriages In Islam

Introduction

What is marriage? It is an institution where two people learn to love and cherish each other and carry on their family lineage by starting a family together. Marriage is a legally binding civil contract. It is a relationship in which both the parties have rights and duties towards each other and if anyone of the parties infringes the right of another or does not fulfill their duties towards another, then they will be held liable for this act.

Concept of marriage in Islam

Many religions advocate celibacy but, Islam does not. By celibacy it means to abstain from marriage or physical intimacy for religious reasons. Islam does make marriage an obligation but, it also does not allow celibacy. In Islam, it is permissible to not

Be of sound mind. They must not be a lunatic or a mentally disturbed person.

Give their free consent to get married.

Types of Muslim marriages:

There are three types of marriages in the Mohammedan law, which are mentioned as follows:

Valid:

Valid marriages are also known as Sahih. A marriage is valid if it fulfills all the requirements laid down by the Mohammedan Law and does not contradict Islam.

Irregular:

Irregular marriages are also known as Fasid. A marriage is irregular if there is any temporary irregularity present in the marriage. If the irregularity is solved then the marriage automatically becomes valid. For instance, if a Muslim man marries a woman who is neither a Muslim nor a Kitabia (Ahl e Kitab) then this marriage will be considered as irregular but, if the wife later converts to Islam, the marriage will automatically become valid.

Void:

A void marriage is also known as Batil. These type of marriages are void ab initio which means that they are void and unlawful from the very start. An example of such marriage would be marrying the mother of your wife or marrying your own mother.

Object of

While in the case of Shias, no witnesses are required at the time of marriage but, two male witnesses must be present at the time of divorce.

Duration:

A Nikah under the Sunni law is a lot shorter as compared to the Shia marriages. The reason behind this is that in Shia marriage ceremonies, six verses have to be recited to publicly deliver the Nikah and there is a certain bathing ceremony held as well. This ceremonial bath is the most important and essential part of the Shia marriage ceremony. It is compulsory for the bride and groom to take part in it, in order to mark their nuptials.

Nikah Mut’ah:

In Shia marriage laws, a temporary, verbal and announced marriage is allowed and is considered valid. You do not need any witnesses or documents to make this marriage valid. The marriage dissolves after a certain time period or after a certain condition has been completed so a divorce is not required. The Sunni marriage laws strongly condemn this sort of marriage and classify it as void and consider this practice as