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Muslim Marriage

    Home Topics Muslim Marriage

    How does this explainer help the user?

    This explainer helps the user understand muslim marriages in India and how it is mostly built on customary practice of different schools of muslim law and court decisions. This explainer also looks into the process of muslim marriage including the groom and bride giving their consent, witnesses required, solemnising the marriage etc.

    What are the laws being discussed?

    This explanation gives broad guidelines on muslim marriages that are generally applicable irrespective of sects and schools of law. It also makes references to the Muslim Personal Law (Shariat) Application Act, 1937 as well as the  Dissolution of Muslim Marriages Act,1939. References have also been made to the book by Sir Dinshaw Fardunji Mulla known as the Principles of Mahomedan Law (20th Edn.)

    What are the schools of muslim law?

    By Malavika Rajkumar | 1 comment
    There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars. Thus, most of Muslim marriages are guided by customs derived from interpret
    Read more

    Is muslim marriage a contract?

    By Malavika Rajkumar | 0 comment
    Marriage is a contract under muslim law.1 The contract can be entered by fulfilling the following conditions:Both the bride and groom must give free consen
    Read more

    What are the eligibility criteria for muslim marriages?

    By Malavika Rajkumar | 0 comment
    For a marriage to be legally recognized as a muslim marriage, the following conditions must be met2:AgeA couple can get marri
    Read more

    What is the proposal and acceptance requirement for muslim marriage?

    By Malavika Rajkumar | 0 comment
    There should be a proposal of marriage made by or on behalf of one of the parties and the other party has to accept this proposal. Both the bride and groom have to say Ejab e Qubool (Qubool hai), whic
    Read more

    Who are the witnesses required during a muslim marriage?

    By Malavika Rajkumar | 0 comment
    The marriage has to take place in the presence of3:Two male witnesses or One male and two female witnesses. These w
    Read more

    What are prohibited relationships under the law?

    By Malavika Rajkumar | 0 comment
    Certain relationships are prohibited under the law. This means that a person cannot marry certain kinds of relatives3:Blood
    Read more

    What is a valid marriage?

    By Malavika Rajkumar | 0 comment
    The validity of a marriage can be checked through the nikahnama, which is considered integral to a religiously-valid Islamic marriage. The Qazi will maintain the nikahnama. If there is no nikahnama th
    Read more

    Can a person with an unsound mind get married under muslim law?

    By Malavika Rajkumar | 0 comment
    For those people with an unsound mind, marriage can take place with the permission of the guardian, but this option can only be exercised when the person with an unsound mind recovers reason or become
    Read more

    Who is a guardian under muslim law?

    By Malavika Rajkumar | 0 comment
    The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians4:Proposal and AcceptanceThere has to be a
    Read more
    Filter:AllUnanswered
    As a Muslim, can I get married to someone from another religion under Islamic law?
    AvatarMalavika Rajkumar answered 6 years ago • Muslim Marriage
    854 views1 answers0 votes
    I am a Muslim girl, can I get married to a Christian boy?
    AvatarMalavika Rajkumar answered 6 years ago • Muslim Marriage
    12159 views1 answers-22 votes
    I am a 16 year old Muslim girl. Can I get married?
    AvatarMalavika Rajkumar answered 6 years ago • Muslim Marriage
    3855 views1 answers-1 votes
    Ask Question
    1. Hasina Bano v Alam Noor A.I.R 2007 Raj 49.[↩]
    2. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.251.[↩]
    3. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.[↩][↩]
    4. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan La
      Read more

    What is the practice of polygamy?

    By Malavika Rajkumar | 0 comment
    Islam recognizes polygamy, which means the practice of having more than one wife at a time. A muslim man is permitted to have a maximum of four wives at a time. However, Courts have held this is not a
    Read more

    Is marrying someone from another religion allowed under the law?

    By Malavika Rajkumar | 0 comment
    Under muslim personal law, a muslim male can marry not only a muslim woman but also a Jew or a Christian Woman. The only prohibition is with the muslim woman who cannot marry anyone who isn’t a muslim
    Read more

    Is consent required for muslim marriages?

    By Nyaaya | 0 comment
    A marriage of a person who is of sound mind and has attained puberty but has not given their consent, is an invalid marriage. The bride has the option to communicate her consent with a Wali who may be
    Read more

    How do you register a marriage under the law?

    By Nyaaya | 0 comment
    Under muslim personal law, there is no compulsory requirement to get amarriage registered, although the muslim law does not prohibit registration of marriage. The Nikahnama with the Qazi is the proof
    Read more

    What are the essential conditions of a muslim marriage?

    By Nyaaya | 0 comment
    There are a few essential steps that need to be followed to make the marriage valid((Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.331.[↩]

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    Nyaaya - India's Laws Explained
    • Explainers
      • Constitution
        • Fundamental Rights
          • Right to Education
          • Right to Life
          • Constitutional Remedies
      • Discrimination
        • Healthcare for LGBTQ+ Persons
        • Identification Proof for LGBTQ+ Persons
        • Manual Scavenging
        • Scheduled Caste & Scheduled Tribes
        • Violence Based on Gender Identity and Sexual Orientation
      • Family
        • Adoption
        • Care for Parents and Elderly
        • Child Marriage
        • Domestic Violence
      • Government and Politics
        • Unlawful Activities (Prevention) Act
        • 48 Hours Before Elections
        • Anti-Corruption
        • Armed Forces (Special Powers) Act
        • Campaigning and Elections
        • Identification Proof
        • Legal Aid
        • Right to Information
        • Sedition
        • Voting and Elections
      • Health and Environment
        • Water Pollution
        • Air Pollution
        • Abortion
        • Contraceptives
        • COVID-19
        • Drugs and Narcotics
        • Euthanasia
        • Mental Health
        • Noise Pollution
        • Patient Rights
        • Sex Selection
        • Smoking
      • Marriage and Divorce
        • Annulment of marriage
        • Christian Marriage
        • Divorce for Muslim Marriages
        • Divorce for Hindu Marriages
        • Dowry
        • Hindu Marriage
        • Inter-Religious Marriages
        • Muslim Marriage
      • Media and Communication
        • Censorship
        • Defamation
      • Money and Property
        • Land and Property Disputes
        • Using Your Property Effectively (Buying & Selling)
        • Consumer Rights
        • Cheques
        • Income Tax
        • Online Bank Fraud
        • Rent
        • Theft
        • Will
      • Police and Courts
        • Arrest
        • Bail
        • Children accused of Crime
        • Contempt of Court
        • First Information Report (FIR)
        • Traffic Fines
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        • Acid Attack
        • Online Abuse
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        • Rape
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    Nyaaya

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    Stay updated with Nyaaya, connect with us through a newsletter, whatsapp, and whatsapp हिंदी

    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!
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