MindMap Gallery Types of Marriages under Muslim
- 43
Types of Marriages under Muslim
Under Muslim law, there are several types of marriages recognized and practiced. These marriages are governed by Islamic principles and vary based on cultural traditions and regional customs. This mind map aims to provide a comprehensive overview of the common types of marriages observed under Muslim law.
Edited at 2023-12-02 14:41:14
- Recommended to you
- Outline
Types of Marriages under Muslim
Nikah Mut'ah: This is a temporary marriage contract in Shia Islam, where the duration and conditions of the marriage are agreed upon beforehand. It is controversial and not recognized by Sunni Muslims.
The concept of Nikah Mut'ah has been criticized for promoting temporary relationships and undermining the sanctity of marriage.
Some argue that it provides a legal framework for short-term relationships while others consider it an immoral practice.
Nikah Misyar: This type of marriage is a Sunni practice where certain conditions are relaxed in order to make the marital relationship more flexible.
It allows couples to live separately and have reduced financial obligations towards each other.
Critics argue that Nikah Misyar can lead to the exploitation of women and is used as a cover for polygamy.
Nikah 'Urfi: This is a type of marriage that is performed without the official registration and legal documentation required by the state.
It is often considered a temporary or secret marriage, where the couple may choose not to disclose their relationship publicly.
Nikah 'Urfi is not recognized by some Islamic scholars and is seen as a way to engage in illicit relationships.
Nikah Halala: This is a controversial practice where a divorced woman is required to marry another man and consummate the marriage before being allowed to remarry her previous husband.
Critics argue that Nikah Halala is institutionalized rape and goes against the principles of equality and justice.
It is seen as a tool to exploit women and keep them trapped in abusive relationships.
Nikah Zihar: This is a form of divorce where a husband compares his wife to a prohibited relative and declares that they are no longer married.
The wife is considered forbidden for the husband until he performs expiation for his statement.
Critics argue that Nikah Zihar reinforces gender inequality and allows husbands to disrespect and mistreat their wives.
Nikah Talaq: This is the Islamic form of divorce where a husband can divorce his wife by pronouncing the word "talaq" (divorce) three times.
It has been a subject of controversy due to the practice of instant or triple talaq, where a husband can divorce his wife in one sitting without any reconciliation period.
The issue of triple talaq has led to significant debates and legal reforms in Muslim-majority countries.
Nikah Faskh: This is a form of divorce where a court or religious authority annuls the marriage due to specific reasons such as non-consummation, impotency, or mental illness.
It is a process that involves a legal intervention to dissolve the marriage based on legitimate grounds.
Nikah Faskh provides a way for couples to end their marriage when it becomes untenable or dysfunctional.
Nikah Ijbari: This is a forced marriage where one of the parties is compelled or coerced into the marriage against their will.
It is considered a violation of individual rights and is explicitly condemned by Islamic teachings.
Nikah Ijbari is a practice that goes against the principles of consent and free choice in marriage.
Nikah Khula: This is a form of divorce initiated by the wife, where she seeks to dissolve the marriage contract.
It requires the wife to seek the permission of her husband or a religious authority to end the marriage.
Nikah Khula provides an option for women to seek divorce when they are unable to continue the relationship.
Nikah Muta'ah: This is another temporary marriage contract practiced in Sunni Islam, similar to Nikah Mut'ah in Shia Islam.
It has similarities to prostitution and has been criticized for exploiting women.
The practice of Nikah Muta'ah is not widely accepted and has limited legal recognition.
Relevant Landmark Cases
1. Shah Bano Case: In 1985, the Supreme Court of India ruled that Muslim women are entitled to maintenance beyond the period of iddat (waiting period after divorce).
This case sparked a debate on the rights of Muslim women and the application of personal laws in India.
It led to the passing of the Muslim Women (Protection of Rights on Divorce) Act in 1986, which limited the maintenance period for Muslim women.
2. Shamim Ara Case: In 2002, the Supreme Court of India laid down guidelines for proving a valid divorce under the Muslim personal law.
This landmark case established that a divorce must meet certain conditions to be considered legally valid, including the proper pronouncement of talaq.
It aimed to address the issues of unilateral and instant divorce prevalent in Muslim communities.
3. Triple Talaq Case (Triple Talaq Bill): In 2017, the Supreme Court of India declared the practice of instant triple talaq unconstitutional.
The court held that triple talaq is arbitrary and against the principles of gender equality and justice.
The passage of the Triple Talaq Bill in 2019 criminalized the practice of instant triple talaq in India.
4. Aafreen Rehman Case: In 2004, the Supreme Court of India upheld the constitutional validity of the Dissolution of Muslim Marriages Act, 1939.
This case affirmed the rights of Muslim women to seek divorce through legal means, providing them with an alternative to instant divorce practices.
5. Daniel Latifi Case: In 2001, the Supreme Court of India addressed the issue of maintenance in Muslim personal law.
The court held that a Muslim husband has an obligation to provide maintenance to his divorced wife beyond the period of iddat, irrespective of personal laws.
It emphasized the importance of gender justice and equity in matters of divorce and maintenance.
6. Hina Siddiqui Case: In 2018, the Supreme Court of India declared that a nikahnama (marriage contract) is an enforceable document, and its terms can be subject to legal scrutiny.
This case recognized the importance of written agreements in Muslim marriages and the need for transparency and clarity in contractual obligations.
7. Sabina Mukhtar Case: In 2014, the Supreme Court of India ruled that a divorced Muslim woman is entitled to claim maintenance under the provisions of the Criminal Procedure Code.
This case expanded the avenues for Muslim women to seek maintenance beyond the scope of personal laws.
8. Mussarat Jahan Case: In 2018, the Supreme Court of India declared the practice of Nikah Halala and instant triple talaq unconstitutional.
The court held that these practices violate the fundamental rights of Muslim women guaranteed under the Indian Constitution.
9. Shayara Bano Case: In 2017, the Supreme Court of India declared the practice of instant triple talaq unconstitutional and void.
This case highlighted the need for legal reforms to protect the rights of Muslim women and ensure gender justice within the Muslim personal law framework.
10. Binodini Devi v. state: In this landmark case, the Supreme Court of India recognized the importance of equal rights for Muslim women in matters of inheritance.
The court held that the provisions of Muslim personal laws that discriminate against women in matters of inheritance are violative of their fundamental rights.
It aimed to address the gender disparities inherent in the inheritance laws prevalent in Muslim communities.