These are frequently asked 2 Marks questions on Muslim Marriage (Nikah).
Type – I: Answer in Two or Three Sentences (2M)
a) What is Nikah?
In Islam, the marriage between a bride and groom is a legal contract but not sacrament is known as Nikah. It is a matrimonial relation and an institution which legalizes the sexual activities between a male and female for the object of procreation of kids, promotion of love, mutual support and creation of families which are considered an essential unit in a society.
b) What is Batil Nikah?
If agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil Nikah.
c) What is Fasid Nikah?
When a marriage is conducted by violating certain or partial conditions of a valid marriage, it is called an irregular or Fasid marriage. Irregular marriages exist only in case of Sunni Muslims whereas an irregular marriage, under Shia law, is void marriage.
d) What is kifa?
The run-away marriages where a girl run away with boy and marries him, it is called kifa. Kifa marriage is not accepted in Islam.
e) What is muta marriage?
Muta marriage is a temporary marriage for a fixed period of time and in return of the payment of a fixed amount of dower at the time of divorce. This kind of marriage that occurs only in Shia Muslims and not in Sunni sect of Muslims.
f) What is Mahr or Dower?
Mahr or dower is a sum that becomes payable by the husband to the wife on marriage, either by agreement between the parties or by operation of law. It is regarded as a consideration to the wife in marriage and is in the form of a gift given by a husband to the wife.
g) Give types of Dower.
According to Muslim law, the dower may be classified into the following categories- a) Specified dower and b) Proper or customary dower. Specified dower is further classified as (i) Prompt dower and (ii) Deferred dower.
h) What is Maharul Musamma or Al-Maharul Musamma or Specified Dower?
If the amount of Dower is decided at the time of marriage, it is known as Maharul Musamma or Al-Maharul Musamma or specified Dower. It may be settled even before or after the ceremony of marriage.
i) What is Muajjal Mahr or Prompt Dower?
Muajjal Mahr or Prompt dower is a dower payable immediately on the marriage taking place and it must be paid on demand, unless delay is stipulated for agreed. It can be realized any time before or after the marriage.
j) What is Mahr-ul-Misl or Proper Dower?
Dower is an integral part of Muslim marriage even when dower is not stipulated in the marriage contract, the wife is entitled to what is known as a proper or customary dower, mahr-i- misl or mahrul-mithul. In case the amount of dower is not fixed at the time or before the marriage then the dower of the wife is decided by the court relying on the various factors that are according to local customs, position of husbands, position of wife’s father, reference to dower of female paternal relations, personal qualifications that dower is known as unspecified dower.
k) What is Muwajjal Mahr or Deferred Dower?
the dower which is payable on dissolution of marriage by death or divorce is known as deferred dower either by divorce or by the death of the husband.
l) What are the purposes of observing Iddat?
There are threefold objects of observing iddat as follows:
- For the purpose of ascertaining pregnancy or a child’s parentage: Iddat period is practiced amongst Muslims to ascertain the pregnancy of a divorced/widowed woman or child’s parentage at the time of dissolution of marriage of his/her parents.
- Opportunity for reconciliation: Iddat is accepted as a period for reconciliation of potential differences amongst husband and wife.
- Period of mourning for the deceased husband: it gives ample time to the widowed wife to mourn over the death of her husband, and by this way, she can protect herself from taking haste decision in the time of vulnerability.
m) Can a Muslim marry when he/she is on Hajj?
According to the Islamic tradition Muhammad purportedly prohibited a Muslim from marrying and/or proposing marriage either for himself or someone else during ihram. Ihram refers to the state of ritual purity and dedication entered into by the pilgrim to Mecca; it also refers to the special clothing worn for the Hajj.
n) What is the concept of Halala under Muslim Law?
After the expiry of the period of iddat, divorcing parties are at liberty to remarry. They themselves can remarry. But in Talaq-e-biddat, pronouncement of Talaq was done by saying Talaq three times in a row. Nowadays, it is known as “Triple Talaq”. The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month Iddat period and return to her husband.
o) What is Khayar-ul-Bulugh or Option at Puberty?
A minor cannot legally enter into a marriage contract nor is the contract of marriage entered into by a guardian on his or her behalf, always binding on the minor. The minor on attaining puberty may ratify or revoke such a contract if he or she chooses. This right is called Khayar-ul-Bulugh (the option of puberty).
p) What is meant by “Ijab-wa-Kubool”?
According to Mahomedan law a marriage is a civil contract. The husband and the wife and their respective families enter into an agreement whereby the husband’s family pays an amount of money called the (mahr) to the girl and her family and in return, the girl agrees to marry the boy. The proposal consisting of amount of dower (ijab) is made by the bridegroom. The bride sits behind the pardah with relatives gathered for the nikah. There must be kazi and Two male or one male and two female witnesses. Witnesses convey proposal of the bridegroom to the bride or to guardians in case of minor bride. On hearing proposal, the bride or guardian of minor bride convey their acceptance (kubool).
q) What is jabr under Muslim Law?
Under Muslim law, the father has the power to give his children of both sexes in marriage without their consent to enter into marriage, but it is before the Shariri stage (between 7 to 15 years of age). This guardianship of father during marriage is called jabr.
r) What are the essentials of contracting Muta marriage?
Essential condition for a valid Muta-marriage may be as under:-
- The parties must have attained the age of puberty (fifteen years) and must also possess a sound mind. Guardians cannot contract Muta of any minor.
- The Shia male may contract Muta with any Muslim, Kitabia or a fire worshipping woman, but he has not right to contract muta with the woman of any other religion. Muta with a Hindu woman is void.
- There is no restriction as to the number of Muta wives. One may contract a muta form of marriage with as many wives as he likes.
- The consent of both parties must be a free consent.
- The formalities of offer and acceptance, which are necessary for a regular marriage, are also essential in the Muta form of Marriage.
- Muta may be contracted lawfully without the witnesses. The muta marriage may be contracted either by the use of the word ‘Muta’ or any of other word signifying temporary marriage.
- There must not exist any prohibited relationship between the parties.
- The period for which the Muta is being contracted, must be clearly specified. It may be for a day, for a week or for certain years.