Under sunni Muslim law marriages are
three types and under shia Muslim law there are two types of marriage. Those are
described as follows;
1. Sunni Law :
According to sunni jurists, a
marriage may be of either;
a. Valid; or
b. Void; or
c. Irregular;
1.
Valid Marriage :
Valid marriage is one which has absolutely made in accordance
with law and is free from any defect.
When all the legal conditions are fulfilled the marriage is
called Sahih or Valid marriage. The marriage is void, if the prohibition, in
marriage, is perpetual but it is irregular, if the prohibition is temporary.
2.
Void Marriage :
A marriage which has no legal effects in the eye of law is
called void marriage. A marriage forbidden by the rules of blood relationship, affinity, or fosterage is void. Similarly, a
marriage with the wife of another is also void.
3.
Irregular Marriage :
A marriage may be either lawful or unlawful. If a marriage is
lawful, it is called valid marriage and if a marriage is unlawful, it is called
void marriage. But if a marriage in neither lawful nor unlawful, it is called
irregular marriage.
A marriage may irregular, if following conditions are available;
§ A marriage without require witnesses.
4.
According to Hanafi law, two adult male or one adult male and adult two
female witnesses are required for a valid marriage.
§ A marriage with a woman during
observing iddat period.
5.
If the marriage is dissolved by the death of
husband, Four (4) months and ten (10) days
or till delivery if the widow is pregnant, whichever is longer, are
required for observing iddat,
6.
Three (3) months/ninety days or till
delivery, if the widow is pregnant, whichever is longer are required for
observing iddat, if the marriage is dissolved by nature (Divorce).
§ A marriage with a fifth wife in the
presence of four wives.
§ A marriage with a non Muslim female.
§ A marriage with two sisters within
the same time etc.
2. Shia Law :
According to sunni jurists, a
marriage may be of either;
a. Valid; or
b. Void;
7.
Valid Marriage :
Valid marriage is one which has absolutely made in accordance
with law and is free from any defect.
When all the legal conditions are fulfilled the marriage is
called Sahih or Valid marriage. The marriage is void, if the prohibition, in
marriage, is perpetual but it is irregular, if the prohibition is temporary.
8.
Void Marriage :
A marriage which has no legal effects in the eye of law is
called void marriage. A marriage forbidden by the rules of blood relationship, affinity, or fosterage is void. Similarly, a
marriage with the wife of another is also void.
Written
With The Help Of Refference Book:
1.
Mulla’s
Principles Of MAHOMEDAN LAW (19th Edition)
Written By: M. Hidayatullah
& Arshad Hidayatullah (India).
2.
Text Book Of MOHAMMEDAN LAW (23rd
Edition)
Written By: Aqil Ahamad
(India).
3.
MUSLIM
LAW
(17th Edition-2014)
Written By: Syed Khalid
Rashid.
Revised By: Prof. V. P.
Bharatiya (India).
4.
Text Book On ISLAMIC LAW
[Including
Statutory Family Laws]
Reprint: May
2009(1st Edition)
Written By: Dr. Muhammad
Faiz-Ud-Din (Bangladesh).
5.
MUSLIM LAW (1st
Published-March,2012)
2nd
Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md.
Jahid Hossain Dolon(All
are Bangladeshi).Sign up here with your email
Thank you for your presence and comments. ConversionConversion EmoticonEmoticon