Nature of Muslim Marriage (Nikah)

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Nature of Muslim Marriage (Nikah)-

Tanmoy Mukherjee

Advocate

Under Muslim law, marriage (Nikah) is a unique legal institution. It is not purely sacramental like Hindu marriage, nor merely a commercial contract. Jurists and courts have consistently held that Muslim marriage is essentially a civil contract, yet it is surrounded by religious sanctity, and in many respects operates as a quasi-contract.

Muslim Marriage as a Civil Contract-

Essential Elements of Contract Present-

A Muslim marriage satisfies all the essential ingredients of a valid contract:

Offer (Ijab) – proposal by one party

Acceptance (Qubul) – acceptance by the other party

Free Consent – consent must be free from coercion, fraud or undue influence

Competent Parties – parties must be of sound mind and have attained puberty

Consideration (Mahr / Dower) – obligatory payment by the husband

Witnesses – required under Sunni law

These elements clearly show that Nikah is contractual in nature.

 

Judicial Recognition-

Abdul Kadir v. Salima (1886) 8 All 149 (PC)

The Privy Council held:

“Marriage under Mohammedan law is a civil contract, and not a sacrament.”

This is the leading authority affirming the contractual nature of Muslim marriage.

Anis Begum v. Mohammad Istafa Wali Khan (1933)

The Privy Council observed that Muslim marriage is a legal relationship based on contract, though solemnized according to religious rites.

Shoharat Singh v. Jafri Begum (1915)

The court reiterated that the rights and obligations arising out of marriage flow from contract.

 

Muslim Marriage as a Sacrament-

Despite its contractual basis, Muslim marriage also has religious and moral dimensions, giving it a sacramental character.

Religious Significance

→Marriage is regarded as a religious duty (Ibadat).

→It is considered a Sunnat (practice of the Prophet).

It is meant to ensure:

→Moral conduct

→Legitimacy of children

→Social stability

→Prophet Muhammad stated that marriage completes half of one’s faith.

 

Judicial Observations-

Abdul Rahim v. Salima Bibi (1909)

The court observed that although Muslim marriage is contractual, it is “not a mere civil contract” because it is invested with religious sanctity.

Yusuf Rawther v. Sowramma (1971) Kerala HC

Justice Krishna Iyer emphasized the ethical and spiritual foundations of Muslim marriage, stating that marriage is not meant to be dissolved at the whim of the husband.

Thus, marriage in Islam is more than a legal agreement; it is also a moral and religious bond.

 

Muslim Marriage as a Quasi-Contract-

Muslim marriage also exhibits characteristics of a quasi-contract, because several obligations arise by operation of law, irrespective of agreement.

Imposition of Obligations by Law

Certain rights and duties arise automatically:

→Husband’s duty to maintain the wife

→Wife’s right to dower (Mahr)

→Mutual rights of inheritance

→Legitimacy of children

These obligations are not dependent on express terms of the marriage contract.

Example:

Even if dower is not fixed at the time of marriage, the wife is entitled to Mahr-ul-Misl (proper dower).

Case Laws Supporting Quasi-Contractual Nature

Nasra Begum v. Rizwan Ali (1980)

The court held that the wife’s right to maintenance arises as a legal consequence of marriage, not as a contractual term.

Hamira Bibi v. Zubaida Bibi (1916) 43 IA 294

The Privy Council recognized the wife’s absolute right to dower, even after consummation, showing obligations imposed by law.

Mohd. Ahmed Khan v. Shah Bano Begum (1985)

The Supreme Court emphasized that maintenance is a legal obligation flowing from marriage, reinforcing its quasi-contractual aspect.

 

Muslim marriage is primarily a civil contract.

It is surrounded by religious and moral obligations, giving it a sacramental character

Many rights and duties arise by operation of law, making it quasi-contractual

 

Thus, Muslim marriage is best described as a civil contract with sacramental and quasi-contractual features.