Home / Legal Explainers / Family & Marriage / Marriage / Muslim Marriage / Is Muslim marriage a contract?

Is Muslim marriage a contract?

Last updated on May 12, 2022

Marriage is a contract under Muslim law.(( Hasina Bano v. Alam Noor A.I.R 2007 Raj 49.)) The contract can be entered into by fulfilling the following conditions:

  • Both the bride and groom must give free consent for the marriage.
  • The couple getting married should be of sound mind and should have attained puberty (usually 15 years).(( Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].)) 
  • A guardian like a parent or sibling can consent on behalf of a minor or someone not of sound mind.

How useful was this post?

Click on a star to rate it!

Average rating 3 / 5. Vote count: 2

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

What are the schools of Muslim law?

There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars.

What are the eligibility criteria for Muslim marriages?

For a marriage to be legally recognized as a Muslim marriage, certain conditions must be met with respect to age and mental state.

Ending a Muslim Marriage

There are two ways by which a marriage can end, either death of a spouse or divorce. Divorce for Muslims can happen without involving the Court as well.

Who are the witnesses required during a Muslim marriage?

A marriage under the Sunni School of Muslim law must take place in the presence of two male witnesses or one male and two female witnesses. 

Marriage of Children

A child marriage is a marriage between the parties where either both people marrying are minors, or one of them is a child/minor. 

Batil and Fasid Marriages

Under Muslim personal laws, marriages in violation of rules are known as Batil marriages and irregular marriages are called Fasid marriages.