Amir Ali: Marriage is an institution ordained for the protection of society in order that human beings may guard themselves from foulness or unchastity.
Abdur Rahim: Marriage is partaking between ibadat (prayer) and muamalat (dealing with the world).
Baillie: Marriage is not only for increasing the generations but also for solace for life and companionship, so that you have someone who can take care of you and can be taken care of by you.
Nature of Muslim marriage:
Abdul Kadir v Salima : J. Mahmood- Muslim marriage is a civil contract. A proposal is there from the side of one party and acceptance from the other party. Both the parties are competent to contract as they have attained the requisite age for marriage.
It has been argued by many authors and philosophers that if Muslim marriage is a contract, then, what would be the consideration for it?
In pre-Islamic times people used to buy girls from their parents. The money was given to them only as a sign of respect, called mahr. Mahr is the dower given by the groom to bride. It gives her financial security. Mahr shall be decided by the woman herself. Dower amount or mahr is not equal to consideration because consideration is not given to the commodity. Therefore, it is not a contract.
Prophet in one of his Sunnah said that, he who marries completes half of his religion. While Quran’s verse: 233 para: 46 says that there are three people who will attain heaven: who buys his own freedom (i.e., who would provide freedom to any slave); who is married and who is engaged in Holy War i.e., Zihad.
This raises a question as to the nature of Muslim marriage as a contract.
In Anieess Begum v Mohd. Istefa , J. Sir Sulaiman Shah said that – if you regard Muslim mar...
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...r. It seems Zihar was practiced to dissolve Muta marriage which admits no other form of talaq. Zihar is also out of vogue, ‘these words do not naturally come to Muslims in India’ (Tyabji).
Talaq- ul- Biddat: It literally means ‘lawful but sinful innovation’ i.e., something not in original and added later on.
Here the husband does not follow the approved form of talaq i.e., talaq-ul-sunnat, and neither pays any attention to the period of purity nor to the abstention from intercourse. This was basically an escape lane from the restrictions imposed by Prophet. As Ameer Ali observed, the Omayyad monarchs finding that the checks imposed by the Prophet on the facility of repudiation interfered with the indulgence of their caprice, endeavoured to find an escape from the strictness of law and found a loophole to effect their purpose.
Talaq-ul-biddat includes triple talaq.
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