Title Concept of Marriage.pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. MARRIAGE 1. INTRODUCTION: Marriage is a civil contract. It is a method to legalize the sexual intercourse and legitimize the children and marriage is also a religious obligation. One must marry (who can give dawer and maintain her wife). Marriage need not to be in written form and the main object of the marriage is the preservation of human race. 2. MEANINGS OF MARRIAGE: Marriage is a wedlock or legalize mutual relationship between husband and wife. 3. DEFINITION OF MARRIAGE: ❖ According to Hidaya: “Marriage is defined to be contract which has for its objects the procreation and legalizing of children.”
4. NATURE OF MARRIAGE: Marriage is a civil contract and also a religious obligation and according to Islam it’s a Sunnah-e-Muaqda. 5. IMPORTANCE OF MARRIAGE: If a person is in the position to give dower and maintain her wife, he must get married. 6. OBJECT OF MARRIAGE: As like introduction. 7. ESSENTIALS OF A VALID MARRIAGE: Here are some essentials of valid marriage under discuss following heads. • Legal Capacity: A person of sound mind. But if a person is of unsound mind his guardian can perform his contract. • Age of Puberty:(Adult) He or she is able to sexual intercourse and can reproduce. a) According to Sharia 9Y, 11Y, 13Y etc. b) Law of Land: According to child marriage restraint Act. Male 18Y Female 16Y According to Punjab marriage restraint act (50 thousand fine & 6 month imprison) if someone get married below this age. • Proposal and Acceptance: a) The proposal and acceptance must be in same meeting according to sharia. b) Phone call nikah is invalid. But if on call they appoints someone in the meeting as his wakeel, then that wakeel can confirm on his behalf. c) Proposal and acceptance must be free. • Dower:
According to Imam Ali A.S: “No dower no marriage.” • Presence of Witness: According to Shia: No witness required. According to Suni: 2 Witness male. Male must be Muslim and adult and sound mind. or One male and 2 females. • Free Consent: Both male and female freely accept each other. Otherwise, there is no marriage. A marriage without consent is void marriage. The consent must be without fraud, misrepresentation or any undue influence. 1998 MID 1972 If consent is taken by fraud marriage will be dissolved. • It must not be prohibited by sharia: Absolute Relative Prohibition (Void) (Irregular) 8. CONCLUSION: In Islam, marriage is a sacred and significant institution designed to promote love, companionship, and mutual support between a husband and wife. It is a contract based on mutual consent and responsibilities, aiming to establish a strong family unit. Marriage in Islam encourages moral values, provides protection for both partners, and ensures social harmony, making it a vital part of Muslim society. Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159