Define marriage. discuss legal effects of valid, and irregular marriage. (2002)

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Q. What is marriage? what do you understand by valid, irregular and void marriages? (1999)
1. Introduction:
Marriage of Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman and issues out of this union are legitimate. under Islamic law, contract of marriage, need not to be proved through a written document.
2. Meaning of marriage:
Marriage means wedlock, the mutual relation of the husband and wife. it is a contract for the legalization of intercourse and procreation of children.
3. Definition of marriage:
Hedeya:
Marriage is defined to be a contract which has for its object the procreation and legalizing of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and in order that human being may guard themselves from foulness and unchastity.
4. Proof of marriage:
Marriage can be proved by two modes.
(i) By the direct evidence of the witnesses.
(ii) By the written document i. e. documentary evidence.
5. Presumption of marriage:
If there is no direct evidence or documentary evidence such case prolonged and continues living together as husband and wife shall be presumed as marriage.
6. Classification of marriage:
Classification of marriage is as under.
(a) Valid.
(b) void.
(c) Irregular.
(a) Valid:
A marriage which conforms in all respects whit the law is called valid marriage.
(b) Void:
A void marriage is one which is unlawful in itself the prohibition against the marriage being perpetual and absolute. so it is no marriage at all.
(I) Examples:
(i) Marriage without the consent of either party.
(ii) A marriage prohibited on the ground of affinity.
(iii) A marriage prohibited on the ground of consanguinity.
(v) A marriage with the wife of another person.
(c) Irregular:
An irregular marriage is one which is not unlawful in itself, but unlawful for something else. in irregular marriage irregularity arises from an accidental circumstances.
(II) Legal effect of valid marriage:
Following are the legal effects of valid marriage.
(a) Lawful sexual intercourse:
The sexual inter course becomes lawful.
(b) Mutual rights of inheritance:
Mutual rights of inheritance are established.
(c) Legitimacy of child:
The children born out of the wedlock are legitimate.
(d) Right of maintenance:
The wife becomes entitled for maintenance.
(e) Right of dower:
The wife becomes entitled to dower.
(f) No right of interest in property:
Neither of the spouse acquire any interest in property of the other by reason of marriage.
(g) Observation of iddat:
The wife has to observe the iddat in case of death of her husband or in case of divorce.
(h) Rules of affinity:
The rules of affinity come into operation in case of valid marriage.
(I) Examples:
(i) A marriage without witnesses.
(ii) A marriage with a woman observing Iddat.
(iii) A marriage prohibited on ground of difference of religion.
(iv) A marriage with two sister at the same time.
(v) A marriage to a fifth wife.
(II) Legal effects of void marriage:
Following are the legal effects of void marriage.
(a) No rights and obligation:
The void marriage creates no right and obligation upon any party.
(b) Illegitimate children:
The children born out of such marriage are illegitimate.
(c) No rights to inheritance:
The death of one them dose not entitle the other to inherit form the deceased.
(III) Legal effect of irregular marriage:
(i) Legal effect where consummation has not taken place:
The irregular marriage has not legal effect if consummation has not taken place.
(ii) Legal effect if consummation has taken place:
If consummation has taken place the irregular marriage has following legal effects.
(a) Legitimacy of children:
The children born out of such marriage are legitimate.
(b) Right of dower:
The wife is entitled of dower.
(c) Observation of iddat:
The wife has to observe the period of iddat.
(d) Right of inheritance:
No right of inheritance is created the husband and wife.
(f) Right of issues:
The issues are entitled to share the inheritance.
7. Conclusion:
To conclude I can say that, the legal effects of three kinds of marriages are different in nature. a void marriage being illegal is null and void abinitio. an irregular marriage is not unlawful in it self but it has no any legal effect before consummation.

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