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Is Muslim marriage a contract?

Last updated on May 12, 2022

Marriage is a contract under Muslim law.1 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).2 
  • A guardian like a parent or sibling can consent on behalf of a minor or someone not of sound mind.
  1. Hasina Bano v. Alam Noor A.I.R 2007 Raj 49.[↩]
  2. Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].[↩]

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