Muslim marriage held according to the stipulated Islamic rules is called ‘sahi nikah’ or regular marriage or valid marriage. Marriage which is held contrary to the islamic rules is called ‘batil’ or invalid marriage or void marriage. Some of the conditions of invalid marriage are mentioned below:
1. Polygamy:
A woman cannot marry second time as long as she has a living husband who has not divorced her. A man also cannot marry the fifth woman as long as the first four are alive and not divorced.
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2. Marriage within the Circle of Close Relatives:
Marriage with relatively close kins such as – mother, mother’s mother, sister, sister’s daughter, mother’s sister, father’s sister, daughter, wife’s mother, wife’s daughter born to the first husband, son’s wife – is not allowed.
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3. Marriage with Idolators. Islam opposes idolatory:
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Hence marriage with idolators is not permitted. However, a man can marry a non-Muslim girl if he believes that her idolatory is only nominal. The purpose is to keep idolatory out of the islamic body politic, but a Muslim woman under no circumstances is permitted to marry non-Muslims.
4. Marriage with People of Prematured Age and Unsound Mind:
Marriage with a man of unsound mind is regarded as invalid. Marriage of immatured persons without the prior consent of their parents is also treated as invalid marriage.
5. Sisters Becoming Co-wives:
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As per the Islamic rule sorrate is not allowed. Sisters cannot be married simultaneously by the same person. However, one can marry one’s wife’s sister only after the death of the wife or only after giving divorce to the wife.
6. Marrying a Woman During Her ‘Iddat’ Period:
No Muslim woman is allowed to marry a man as long as she is undergoing “iddat”.
Difference between Irregular Marriage and Invalid Marriage: ‘Fasid’ and ‘Batil’:
Muslims distinguish between two types of unacceptable marriages called “irregular marriage “and “invalid marriage”, specifically known as ‘fasid’ and ‘batil’. Main differences between the two can be mentioned here.
‘Fasid’ or irregular marriage, Is one which could be converted into ‘sahi marriage’ or ‘nikah’ by removing its impediments or irregularities. ‘Batil’ marriages, on the contrary, cannot be converted to ‘sahi’ marriages.
(I) Examples for Fasid:
(i) Absence of witnesses at the time of making or accepting the proposal; (ii) Muslim man marrying the fifth woman; (iii) marriage with a woman who is undergoing ‘iddat’, etc. These irregularities could be corrected.
(ii) Example for Batil:
(i) Marriage within the close circle of relatives; (ii) Muslim woman marrying an idolator; (iii) Muslim man marrying two-three women who are sisters, etc. These irregularities cannot be corrected and hence such marriages become invalid.
Importance of Mehr or Dower in Muslim Marriage:
Mehr or dower is a practice associated with Muslim marriage. “Dower is the sum of money or other property which a wife is entitled to get from her husband in consideration of the marriage.”
Purpose of Mehr:
As per the Muslim law, dower is an obligation imposed upon a husband as a mark of respect for wife. Its main purposes are – (i) to put a check on the husband to divorce wife (ii) to enable a woman to look after herself after her husband’s death or divorce.
Proposal of Mehr before the Marriage:
Marriage proposals and Mehr discussions normally go together. The bride’s relative called ‘wali’ plays an important role in the discussion. He only keeps the account of “Mehr”. Normally, a part of ‘Mehr’ [in majority of the instances 1/3 of the amount agreed upon] is paid by the bridegroom to “wali” [an elderly relative of the wife who may be her own father or any other such responsible person] on the third day of the marriage.
The balance is generally paid when the husband dies or divorces the wife. It is her right to claim the Mehr from her husband. She may even refuse to accompany him if the agreed-upon-installment of Mehr is not paid.
Mehr is Different from Bride-price:
Mehr is not bride-price for the wife is not purchased just by throwing some money as it was the case centuries ago. In the modern .Islamic societies the bride’s consent [qubul] has become pre-requisite for marriage. As it is made clear the main purpose of mehr is to give financial security to the woman and to create responsibility in man.
Determinants of Mehr:
The Muslim law does not fix the amount of mehr. The husband is obliged to pay some amount as mehr. The amount to be paid as mehr is normally decided before or after or at the time of the marriage ceremony. The amount of mehr depends upon the social position, descent, age, intelligence, beauty and other qualities of the bride.
The amount of mehr cannot be reduced but it can be increased at husband’s will. A wife can voluntarily agree to reduce the amount or make a gift of whole of it to her husband or to his heirs. The amount of Mehr varies from one ‘dinar’ upwards. There is no maximum limit for that.
Muslim Wife’s Right over Mehr:
As per the Islamic law, the wife has absolute right over the mehr amount. A widow’s claim for mehr is normally regarded as her claim over her husband’s property. She can retain the property till her mehr is paid; she need not wait for the consent of heirs for the possession of her husband’s property. In case the divorce takes place through mutual agreement or by wife’s initiative, her right to mehr gets extinguished.
Specified Mehr and Proper Mehr:
When the amount of mehr is fixed between the two parties, it is called “specified Mehr”. The minimum specified amount cannot be less than ten dinars. When the amount is not fixed but is given whatever is considered to be proper it is called “proper Mehr”. The amount given here normally depends upon the financial position of the husband.
Prompt Mehr and Deferred Mehr:
The amount which is payable on demand is called ‘prompt Mehr’. Mehr which is payable on the dissolution of marriage [that is, after husband’s death or divorce] is called ‘deferred mehr’.