The process was not without struggle, with opposition from sections of the Muslim community and political parties who sought to mobilise support against Muslims. In 2016, Shayara Bano of Uttarakhand challenged the validity of talaq-e-biddat, arguing that it violated the fundamental rights of Muslim women. The act specifies marital laws for all people, irrespective of religious belief and Muslims can marry under this law. There is also a Special Marriage Act amended in 1954. This is how the Muslim Personal Law (Shariat) Application Act, 1937 was passed. Though Article 14 of the Indian Constitution grants all Indian citizens “ equal protection under the law”, personal issues like inheritance, marriage and divorce are regulated by personal laws. In a bid to ensure more equality, they petition for Muslim ‘personal law’ to be made applicable to them. In India, Muslim women were subject to customary laws before independence. This is strongly opposed by many Muslims and in many cases, women have been financially and sexually exploited and blackmailed. It involves marrying another person, consummating that marriage, getting divorced and then remarrying the initial partner. To them, it is the only way to remarry a divorced spouse. Muslims who agree with the triple talaq concept (divorce through repetition of his repudiation thrice, either electronically, in written form or verbally) may also agree with Nikah Halala. Unlike the Nikah Mu’tah, both these arrangements do not have time limits.
Nikah Misyar enables couples to live separately as long as they are mutually agreeable to this while Urfi takes place without the explicit approval of the bride’s guardian. Sunni Muslims practice informal marriages too. It is practised by Shia Muslims but considered haram (forbidden) by Sunni Muslims who might equate it to prostitution. It was originally intended for businessmen who frequently went on long journeys but is now cited as an opportunity to know a prospective long-term spouse better. The end of the contract is the end of the marriage. The Nikah Mut’ah is a verbal or written contract where both parties agree to the duration (ranging from a few hours to years) of the marriage and stipulate conditions for this. While the main tenets of the Muslim marriage stipulate provisions for the woman, several variations make the marriage contract prone to exploitation. It functions as a payment made for the bride’s surrender of the person after the marriage and the imposition of restrictions for divorce. Since Muslim marriage is a social contract, payment of Mehr is considered indispensable. This is due to the belief that marriage should be between a man and a woman and should create children. Since homosexuality is forbidden, civil partnerships and same-sex marriages are not allowed. A marriage would be deemed invalid on the grounds of consanguinity between the man and the woman, between those who are in foster relationships or with two wives who have a consanguineal relationship during their lifetime. However, most modern Muslim societies do not practice polygamy. A Muslim woman can only have one husband at a time and is permitted only to marry a Muslim man. He is also permitted to marry a woman of a different religion as long as she is Jewish/Christian (Kitabia). Liberties and restrictionĪ Muslim man is allowed to have up to four wives at a time if he can treat each wife equally. The marriage should be declared publicly, and this is usually done by throwing a walimah (banquet). A valid contract is called Nikahnama, and the groom gives the bride an amount of Mehr (bride price) either during or after the marriage. However, it is possible for the marriage to be arranged and signed in the bride’s absence so long as 2 of her witnesses are present. In order to be considered valid, the bride and the groom are asked for their voluntary consent by the Kazi before the witnesses.
The marriage must be proposed by one party and accepted by the other in a single meeting and should take place in the presence of mentally sound witnesses (two males / four females) belonging to the Muslim community. Validity is dependent on mental and physical capacity. The fundamental features of the Nikah are common to both Sunni and Shia Muslims. A Muslim marriage, called a Nikah is both a civil contract and a religious affair, can be terminated by divorce.