MUSLIM MARRIAGE

Question 1

ABDUL KADIR VS SALIMA

Answer 1

JUSTICE MEHMOOD - IT WAS HELD THAT MARRIAGE ACCORDING TO MAHOMEDAN LAW IS NOT A SACREMENT BUT CIVIL CONTRACT. ALL THE RIGHTS AND OBLIGATIONS IT CREATES ARISES IMMEDIATELY AND ARE NOT DEPENDED ON CONDITION PRECEDENT

Question 2

MOHD IDRIS V STATE OF BIHAR

Answer 2

15 YEARS CAN MARRY WITHOUT CONSENT FROM GUARDIAN

Question 3

WHAT HAPPENS IN A MARRIAGE WITHOUT WITNESS IN SUNNI MUSLIMS

Answer 3

IT IS FASID OR IRREGULAR
HOWEVER, SHIAS DONT REQUIRE WITNESSES AT TIME OF MARRIAGE

Question 4

WHAT HAPPENS IN A MARRIAGE DURING IDDAT

Answer 4

SUNNI - IRREGULAR

SHIAS - VOID

Question 5

PROHIBITION ON ACCOUNT OF DIFFERENT RELIGION

Answer 5

SUNNI - MAN CAN MARRY KITABIAS AND EVEN IRREGULARLY MARRY FIRE WORSHIPPERS SUCH AS HINDUS AND PARSIS

WOMEN CANNOT MARRY OTHER THEN MUSLIMS IN SUNNI COMMUNITY

SHIAS - MAN CANNOT MARRY ANY PERSON OTHER THEN A MUSLIM IN NIKKAH FORMAT
BUT CAN MARRY KITABIAS IN MUTA FORMAT

WOMEN CANNOT MARRY IN ANY RELIGION OTHER THEN MUSLIM EVEN WITH MUTA MARRIAGE

AS PER MULLA WOMEN CAN IRREGULARLY MARRY KITABIAS BUT FYZEE DISAGREES ON THIS POINT

Question 6

MARRYING 2 REAL SISTERS

Answer 6

SUNNI - IRREGULAR

SHIA - VOID

Question 7

IDDAT PERIOD IN CASE OF DEATH and subquestion - Irregular marriage

Answer 7

4 months and 10 days

3 menstrual cycles

Question 8

IDDAT PERIOD IN CASE OF DIVORCE, WHEN MARRIAGE NOT CONSUMATED (SUB Q1) AND WHEN IRREGULAR MARRIAGE (SUB Q2)

Answer 8

3 LUNAR MONTHS

NO IDDAT PERIOD

3 COURSES OF MENSES

Question 9

CONSANGUITY DEGREES

Answer 9

MOTHER/GRANDMOTHER

DAUGHTER/GRAND DAUGHTER

SISTER (FULL/CONSIGNEE/UTERINE)

NIECE/GREAT NIECE

AUNT/GREAT AUNT (PATERNAL/MATERNAL)

Question 10

AFFINITY DEGREES

Answer 10

WIFE/GRAND MOTHER
STEP WIFE/STEP GRAND DAUGHTER
STEP WIFE’S FATHER/GRAND FATHER
WIFE OF SON/GRAND SON

EXCEPTION
As per Sunni law, marriage with wife’s daughter/grand daughter is void only if marriage with wife is consummated