Muslim Law - Marriage and Guardianship

Flashcards cover key concepts related to Muslim marriage law, guardianship, and related legal implications.

Marriage

A civil contract between a man and a woman with the objective of joint life and breeding.

Proposal and Acceptance

The two essential components for the validity of marriage under Muslim law that must occur at the same meeting.

Witnesses

Individuals required under Sunni law to testify the marriage contract, usually consisting of two male Muslims or one male and two female witnesses.

Nikah nama

The document that may represent the written proposal and acceptance in a Muslim marriage.

Iddat

The prescribed waiting period that a woman must observe after the dissolution of her marriage before she can remarry.

Capacity of Parties

The requirement that all parties involved in the marriage must have the legal ability to enter into marriage under Muslim law.

Free Consent

An essential requirement for a valid marriage; if the consent is obtained through force or fraud, the marriage is void.

Child Marriage Restraint Act 1929

A legal act prohibiting the marriage of boys below 21 years and girls below 18 years of age.

Absolute Prohibition

A situation under Muslim law where certain marriages, such as between close relatives, are entirely forbidden.

Relative Prohibition

Circumstances under which marriages may be considered irregular but not void, such as marrying a fifth wife when already having four.

Muta Marriage

A temporary marriage recognized in Shia law, allowing for a specified duration and may involve a dower.

Dower

A sum of money or property payable by the husband to the wife as a consequence of marriage.

Guardianship

The responsibility and authority to care for a minor, including decisions about their welfare and property.

Natural Guardians

Typically, the father is considered the natural guardian of his minor children under Muslim law.

Testamentary Guardian

A guardian appointed by a will, typically the father or grandfather in Muslim law.

Jurisdiction of Courts

In matters of guardianship, courts can appoint guardians considering the welfare of the minor.

Acknowledgement of Paternity

The recognition of a child's legitimate descent from a father, presumed through treatment as such.

Legitimacy by Acknowledgement

The principle allowing the establishment of paternity based on the acknowledgment by the man.

Prohibited Marriages

Marriages that cannot occur under Muslim law, including those between certain blood relatives.

Polygamy

The practice of having multiple spouses, permitted under Muslim law but restricted in number.

Family Law

Law governing marriage, divorce, and guardianship among family members under Muslim jurisprudence.

Legal Capacity

The ability of an individual to enter into a marriage contract or perform legal acts.