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View Full Version : What are impediments to a valid marriage under Islamic law? (2004)(2005)



vustudents
09-03-2012, 03:13 AM
1. Introduction:
Marriage is a civil contract between two persons of opposite sex which has for its object the procreation and the legalizing of children. Islamic personal law lays down some prohibition to a valid marriage on different grounds. a Muslim can marry a person with whom marriage is allowed under Shariat law. so there must be complete absence of impediments for a valid marriage.
2. Quranic verses:
Alnisa 22-24.
All others are lawful, provided ye seek them in marriage with gifts from your property, desiring chasity, not lust, seeing that ye derive benefit from them, give them their dowers at least, as prescribed, but if after a dower is prescribed, ye mutually agree to vary it, there is no blame on you and God is all knowing.
3. Meaning of impediment:
Impediment to a valid marriage means to stop a person to marry a woman or a woman to marry a man on the grounds of consanguinity, affinity, or fosterage, on the grounds of consanguinity, affinity, or fosterage.
4. Kinds of impediment:
I. Permanent:
Perpetual or permanent impediment to a valid marriage arises on account of consanguinity, fosterage and affinity. in such case impediment is absolute and eternal.
II. Temporary:
Temporary impediment arises from prohibition in the way of marriage which is not permanent in its nature and the hindrance is liable to be removed.
5. Various grounds of impediments:
I. Ground of consanguinity:
A man is prohibited from marrying.
(i) His mother or his grandmother.
(ii) His daughter or grand daughter how high soever.
(iii) His sister, whether full, consanguine or uterine.
(iv) His niece or great nice howlosover.
(v) His aunt or great-aunt how high soever.
Effect.:
A marriage prohibited by reasons of consanguinity is void.
II. Ground of affinity:
A man is prohibited form marring:
(i) His wife, s mother or grandmother howhighsoever.
(ii) His wife, s daughter or grand daughter howlosovever.
(iii) His father, s wife or paternal grand father howhighsoever.
(iv) The wife of his son or his son, s or daughter son howlsoever.
Effect:
A marriage prohibited by reason of affinity is void.
III. Ground of fosterage:
A man can not marry to this foster mother or his foster sister and foster mother, s sister all come within the prohibited degrees.
(i) Exceptions:
A man can marry to
(i) Sister's foster-mother.
(ii) Foster sister's mother.
(iii) Foster son' sister.
(iv) Foster brother's sisters.
Effect:
A marriage with a woman. prohibited by reason of fosterage is void.
IV. Ground of unlawful conjunction:
A Muslim may not have at the same time two wives who are so related to each other by consanguinity, affinity or fostrage, that if either of them had been a made, they could not have lawfully intermarried, as for instance, two sisters, or aunt and niece.
Effect:
A marriage with a woman prohibited by reason of unlawful conjunction is irregular.
V. Ground of difference of religion:
A Muslim male may contract a valid marriage not only with a Muslim woman, but also with a Kitabia, that is, a Jewess or a Christain, but not with an idolatress or a fire worshipper. a marriage, however with an idolatoress or a fire worshipper is not void but irregular.
VI. Ground of iddat:
A man can not marry a woman observing period of iddat.
Effect:
A marriage contracted with a Muhammeden lady before the expiry of iddat is irregular.
6. Plurality of husband:
It is unlawful for a wife to have more than one husband at the same time. such marriage under Islamic law is void.
Legal effect:
(i) A Muslim woman marriage again in the life time of her husband is liable to be punished under criminal laws of Islam.
(ii) The off-spring of such marriage can not not be acknowledged as legitimate.
7. Conclusion:
To conclude I can say that the marriage among Muslim is not a Sacrament, but purely a civil contract. for a valid marriage there should be no impediments or disabilities to the marriage. Islamic law imposes certain restrictions on the right of a person to enter into martial relation with a person of opposite sex.