Classification of marriage, Legal effects of valid, void and irregular marriage

1) Sahi/ Valid Marriage

• Marriage, which is neither void nor invalid, is a valid marriage.
• Marriage to be valid must satisfy:
  1) Proposal by one party and acceptance by another
  2) Consent of party is free
  3) Proposal and acceptance, must have taken place at one meeting and before 2 witnesses Must be major sound and Muslim under Shia law. No witness is necessary.
  4) Parties must have capacity to contract Marriage that is sound mind major capable of giving free consent.
• If a minor or lunatic Should be done through there Guardian
• No religious ceremony,
• No registration of marriages compulsory
• Parties to valid marriage are called husband and wife
• Sexual relation between them is legalised.

Legal Effect –

• i. Status of husband and wife is conferred and sexual intercourse between them is legalised
• ii. Legitimacy of children born is confirmed.
• iii. Mutual rights of inheritance between parties are created.
• iv. Both parties are bound to observe Conjugal Fidelity
• v. Wife acquire right to dower maintenance and residents.
• vi. Impose obligation on wife to be faithful and obedient to husband.
• vii. All prohibition of affinity arises on both sides.
• viii. Husband can exercise control over wife unless there is some contract to contrary
• ix. Marriage does not affect the wife to which she was belonging Before marriage, she remains subject to her own School of law.

2) Void/ Batil Marriage

• Marriage is not valid if performance in violation of requirement of valid Marriage
• Marriage contracted by parties suffering from absolute incapacity, prohibition on grounds of consanguinity, affinity, fosterage is void
• Marriage with women who is wife of another or remarriage of divorced wife, when legal bar exists will be void

• In Muslim law marriages is a contract, unlike Hindu Law, where it is sacrament

Legal Effect:

• i) Batil marriage is altogether illegal; there is no marriage at all and no legal effect of void marriage arise
• ii) Where the impediment marriage is absolute and perpetual such marriage is Batil, No mutual right or obligation arise, children born out of marriage are illegitimate

• In Muslim law, there is a clear distinguished Between valid marriage and void marriage and irregular marriage, hence cannot be said that Void marriage and irregular marriage are same
• Batil marriage is void and does not create any civil rights or obligation between parties. Offspring of word marriage are illegitimate.

3) Fasid / Irregular Marriage

• Marriage contracted by parties suffering from relative, prohibitory of director incapacity is invalid according to both Baillie and Ameer ali
• Grounds which make marriage invalid:
  i) Marriage contracted with 5th wife
  ii) Marriage contracted without witness
  iii) Marriage with women undergoing Iddat
  iv) Marriage contrary to rules of unlawful Conjuction
• Acc to Shia Law: Marriage can be only valid or void, nothing like invalid marriage. Marriage that are not valid are not
• Acc to Sunni law:
  Marriage against unlawful conjunction is not void but regular children born out of such union are illegitimate.
  Wife already pregnant at time of marriage and pregnancy know as to husband such marriage cannot be held to be invalid
  Parties solemnized a legal and valid marriage as per British Marriage Act should also be treated as Nikah Fasid
  If solemnised as per provision of special Marriage Act, could be termed as Nikah Fasid
  Marriage with women who is undergoing her ether for another husband is only irregular as decision of Oudh High court.

Legal Effect:

• i) Before Consummation
  - Fasid marriage as no legal effect
  - Either party has read to terminate marriage anytime
• ii) After Consummation
  - Wife become entitled to Dower
  - Wife is bound to observe Iddat on dissolution of marriage, either by divorce or by death of husband
  - Children born out of such marriage are illegitimate and have right to Inheritance of Property of both parents
• iii) After cessation of temporary or relative impediments or legal effect of valid marriage

4) Muta/ Temporary Marriage

Meaning and Nature – Marriage contract is restricted in its duration for certain fixed period for certain amount to be given to women by men. It is called temporary or muta marriage

Origin –

• Before the advent of Islam, certain Arabian tribes followed customs where women entertained men in their tents. Men paid an entrance fee, and these unions created no mutual rights or obligations between the man and the woman. Either party could end the relationship at any time. Children born from such unions were considered the sole responsibility of the woman.
• Over time, this practice underwent certain changes. The union began to be contracted for a fixed period, with an agreed amount payable to the woman. This form of temporary marriage came to be known as Muta (Mut'ah) marriage.
• Institution of Muta existed throughout the time of prophet, also because it was proved useful for time of war and travel, though such marriages was declared unlawful by prophet. Yet it persisted and was strongly commended by second Caliph.
• In India Muta Marriage are not very common as compared to foreign countries like Persia and Iraq. Muta Marriage is recognised by Shia School of Muslim Law
• Sunni School does not recognise Muta Marriage, according to Sunni School- Marriage Contracted should not be restricted in its duration and word use must denote a permanent union marriage for specific period are void.
• Shia Muslim man can contract Muta marriage with Muslim, Christian, Jewish woman, but not with other women

History of muta marriage – Muta marriage was prevalent throughout the lifespan of prophet continue for full tenure of first Caliph Abu Baker and half tenure of second Khalif Omar, who prohibited motor marriage with the words. Two kinds of muta marriage relevant during the lifespan of profit