The slides introduce the meaning, nature, and scope of marriage in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
Useful for Law Students and professionals.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
This PPT aims to provide knowledge and understanding to the learner about the concept of What is Marriage, What is Brahma Marriage, What is Daiva Marriage, What is Arsha Marriage, What is Prajapatya Marriage, What is Asura Marriage, What is Gandharva Marriage, What is Rakshasa Marriage What is Paishacha Marriage What is Monogamy, What is Polygamy, What is Hypergamy, What is Hypogamy
What is Exogamy, What is Endogamy, Marriage Laws in India, Prohibitions of Marriage, What is Serial Monogamy, What is Polygyny, What is Polyandry etc.
The christian Marriage Act 1872, introduction and essential conditions for marriage,and requirements for marriage ,and definitions of Church,minor,age group and timings for marriage ,schedules and parts of marriage act were explained as per the The Indian Christian Marriage Act,1872.Witness and location of marriage,pars and schedules of the act solemnization of marriage with clergyman,minister of religion was explained.marriage certificate,corrections and Record books in church were explained.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
This PPT aims to provide knowledge and understanding to the learner about the concept of What is Marriage, What is Brahma Marriage, What is Daiva Marriage, What is Arsha Marriage, What is Prajapatya Marriage, What is Asura Marriage, What is Gandharva Marriage, What is Rakshasa Marriage What is Paishacha Marriage What is Monogamy, What is Polygamy, What is Hypergamy, What is Hypogamy
What is Exogamy, What is Endogamy, Marriage Laws in India, Prohibitions of Marriage, What is Serial Monogamy, What is Polygyny, What is Polyandry etc.
Marriage Patterns of Muslim’s with Special reference to Mehr as Women’s Propertyinventionjournals
ABSTRACT: Marriage is regarded all over the world as a social institution, whether considered as a sacrament or as a contract. Marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Marriage is more than simply a legalised sexual union between a man and a woman; it is socially acknowledged and approved relationship. In India, people generally believe that marriage is not between two individuals, but it is between two families in terms of bonds that it creates between them. The paper focuses on the marriage patterns of Muslim’s with special reference to mehr as women’s property.
For Hindus, marriage is a sacrosanct union. It is also an important social institution. Marriages in India are between two families, rather two individuals. The society as well as the Indian legislation attempt to protect marriage.
CONCEPT OF MARRIAGE IN ISLAM
Marriage is an integral part of a Muslim’s life, indeed it is too important in our religion Islam that it is considered to be one half of one’s Faith. Islam is not like the other religions that support and promote monasticism or celibacy, but it is a just religion and it takes the middle way in sexual relations, it neither allows it freely, nor does it condemn it like the other certain religions. Marriage is a great virtue and a means of salvation in our religion (Islam). It is our religious duty and a moral safeguard. Marriage is a contract made by male and female to live together as wife and husband and a tie that strengthen their relationship. It is because of this holy tie that families are established in our societies and communities. Moreover, it is the lawful and legitimate way to indulge in intimacy between a man and woman.
Indian J Psychiatry 55 Indian Mental Concepts I – Supplement,.docxannettsparrow
Indian J Psychiatry 55: Indian Mental Concepts I – Supplement, January 2013 S243
in this world; those who have wives truly have a family life;
those who have wives can be happy; those who have wives
can have a full life.”[2] For a Hindu marriage is essential, not
only for begetting a son in order to discharge his debt to the
ancestors, but also for performance of other religious and
spiritual duties. The institution of marriage is considered
sacred even by those who view it as a civil contract.
Wife is the ardhangini (half of man) according to Satpatha
Brahmana “The wife is verily the half of the husband. Man
is only half, not complete until he marries.” The Taittiriya
Samhita is to the same effect. Manu declared that mutual
fidelity between husband and wife was the highest dharma.
According to Mahabharata, by cherishing the woman one
virtually cherishes the Goddess of prosperity herself. Wife
under Hindu law is not only a “grahpatni,” but also a “dharma
patni” and “shadharmini.” The wife is her husband’s best
of friends. She is the source of Dharma, Artha, Kama, and
Moksha. The husband is known as bharthi. He is supposed
to support his wife. He is also known as pati because he is
supposed to support her.
INTRODUCTION
Since time immemorial marriage has been the greatest
and most important of all institutions in human society. It
has always existed in one form or another in every culture,
ensuring social sanction to a physical union between man
and woman and laying the foundation for building up of the
family – the basic unit of society.[1]
MARRIAGE AND HINDUISM
The Hindus have idealized marriage in a big way. In the
patriarchal society of Rig Vedic Hindus, marriage was
considered as a sacramental union, and this continued to be so
during the entire period. In the Shastric Hindu law,[2] marriage
has been regarded as one of the essential sanakaras (sacrament
for every Hindu). Every Hindu must marry. “To be mothers
were woman created and to be fathers men.” The Veda ordains
that “Dharma must be practiced by man together with his wife
and offspring”. “He is only perfect who consists of his wife and
offspring.” “Those who have wives can fulfill their obligations
Hinduism, marriage and mental illness
Indira Sharma, Balram Pandit, Abhishek Pathak, Reet Sharma1
Departments of Psychiatry, and 1Physiology, Institute of Medical Sciences, Banras Hindu University, Varanasi, India
Address for correspondence: Prof. Indira Sharma,
Department of Psychiatry, Institute of Medical Sciences,
Banras Hindu University, Varanasi ‑ 221 005, India.
E‑mail: indira_06 @ rediffmail.com
Access this article online
Website:
www.indianjpsychiatry.org
Quick Response Code
DOI:
10.4103/0019‑5545.105544
For Hindus, marriage is a sacrosanct union. It is also an important social institution. Marriages in India are between
two families, rather two individuals, arranged marriages and dowry are customary. The society as well as the I.
Marriage is a matter of religious duty for Hindus. For Hindus, marriage is not a matter of “social contract “, nor is it deemed as a “license for sex life”.
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
Is Kanyadan (कन्यादान) not obligatory religious ritual?
Ashutosh Yadav v. State of UP 2024:AHC-LKO:25688
In the case of Ashutosh Yadav v. State of UP, a single Judge Bench, presided over by Justice Subhash Vidyarthi, Allahabad High Court, recently issued a judgement on a Criminal Revision Petition. The judgement, dated 22nd March, 2024, 2024:AHC-LKO:25688, stated that Kanyadan (कन्यादान) is not necessary for the legal validity of a Hindu marriage.
In a Hindu arranged marriage there are various rituals and customs. According to Hindu Sastra there are four stages of life and the second stage is Grahastha Ashram (the householder stage), which signifies married life and it begins when a man and a woman come together and marry. Marriage is treated as an institution, which teaches the actual values of life. Every stage in life has its own charm. A married life also has its own charm and importance. In our Indian society there are mostly arranged marriages and arranged marriages has various steps.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The slides discuss in detail the concept of Bailment, Pledge, and Hypothecation under the Indian Contract Act, 1878. Useful for Law Students and professionals.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
The slides discuss in detail the concept of Judicial Separation in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well.
‘Religion’ is entirely a matter of choice, perception and belief.
People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives.
When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.
In the context of the Constitution of India, P.B. Gajendragadkar, former Chief Justice of India, said:
“The concept of social justice is (thus) a revolutionary concept which gives meaning and significance to the democratic way of life and makes the rule of law dynamic. It is this concept of social justice which creates in the minds of the masses of this country a sense of participation in the glory of India’s political freedom”
He further adds,
“Social justice must be achieved by adopting necessary and reasonable measures with courage, wisdom, foresight, sense of balance and fairplay to all the interests concerned. That shortly stated, is the concept of social justice and its implications. If eternal vigilance is the price for national liberty, it is equally the price for sustaining individual freedom and liberty in welfare state”. Now but us discuss various theories of social justice.
The citizens of India are guaranteed certain basic fundamental rights by the state, which cannot be taken away from them except in cases of procedure established by law.
Such a guarantee is instrumental in reducing the arbitrariness of government legislation.
In the absence of fundamental rights, the citizens may not be entitled to any basic human rights.
Thus to prevent this, the constitution-makers incorporated Part III of the Indian Constitution enumerating a list of rights that is to assured by the state.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
3. INTRODUCTION
◦ It is believed that a Hindu is born on this earth with certain specified missions in life which may be
expressed through the ‘purusarthas’ comprising Dharma, Artha, Kama and Moksha.
◦ In order to fulfill these missions, in life, every Hindu has to go through different stages or the resting places
of life, known as ‘Ashramas.’
◦ The Ashramas are four in number, such as Brahmacharyashrama, Grihasthasharama, Vanaprasthashrama
and Sanyasasharama
◦ The Hindu law-givers have made provision for the attainment of salvation by leading a Grihastha life too.
◦ The married householder is considered as the property of the society and he alone can completely
discharge all the enjoined duties.
◦ It has also been ordained by the shastras that the ‘dvija’ is incompetent to perform all the duties in the
absence of a wife.
◦ One must get married in order to become a full man or full woman.
4. BRAHMCHARYA
Brahmacharya represen
ted the bachelor
student stage of life
GRAHASTHA This stage
referred to the individual's
married life, with the
duties of maintaining a
household, raising a family,
educating one's children,
and leading a family-
centred and
a dharmic social life.
VANPRASTHA The
retirement stage, where a
person handed over
household responsibilities
to the next generation,
took an advisory role, and
gradually withdrew from
the world.
SANYAS The stage was marked
by renunciation of material
desires and prejudices,
represented by a state of
disinterest and detachment
from material life, generally
without any meaningful
property or home (Ascetic),
and focussed on Moksha,
peace and simple spiritual life.
5. CONT…
◦ The human society cannot continue without procreation.
◦ Procreation is possible through the gratification of or ‘Kama’.
◦ Moreover, among the Hindus the birth of a son is considered essential as it would
enable the householder to attain ‘moksha’. Hence marriage becomes obligatory among
the Hindus.
◦ It is a sacred union between a man and a woman with the sole purpose of begetting a
male child.
◦ The Hindu Marriage Act of 1955 has reformed the marriage according to Hindu law.
◦ It is considered as a landmark in the history of social legislation.
◦ Also, this law has not only codified Hindu marriage law. It has also introduced many
important changes in many aspects.
◦ The concept of marriage is to establish a relationship between husband and wife.
6. NATURE OF HINDU MARRIAGE
◦ Based on Hindu law, the marriage is a sacred tie and last of ten
sacraments that can never be broken.
◦ Also, it is a relationship that is established by birth to birth.
◦ Based on smritikars even death cannot break this relationship.
◦ Also, it is not only considered as sacred but it is also a holy union.
◦ The main objective of marriage is to enable a woman and a man to
perform their religious duties.
7. CONT…
◦ Along with this, they also have to beget progeny. Based on ancient writings, a
woman is considered half of her husband and thus completes him.
◦ While a man is also considered incomplete without a woman.
◦ Every Hindu whether they are male or female has to marry.
◦ Also, a person could not remain a perpetual student and where he did not desire
for an ascetic life.
◦ But he was enjoyed or engrained in the shashtra to marry.
◦ Therefore marriage is considered as good as compulsory more so in the case of a
female.
8. SACRAMENT (Sacrament is a symbolic religious ceremony to which are often added
confirmation, penance, ordination ad matrimony.)
◦Marriage is essentially a samskar and thus is sacramental in
nature. There are three characteristics of the sacramental
nature of marriage.
•It is an eternal union wherein it is valid in all the life to come.
•It is considered as a permanent union where if it is tied once
it cannot be untied.
•Also, it is a holy union where it is essential to perform
religious ceremonies.
9. CONT…
◦ The Grihasthashrama commences after marriage and is required for the fulfilment of
‘panchamahajajnas’ or five great sacrifices as:
1. the recitation of Vedas at home,
2. burning oblations for gods,
3. offering Sraddhha Tarpana,
4. receiving and entertaining guests,
5. and giving food to the Bhutas.
◦ The Grihasthashrama, which arises out of marriage has been held high.
◦ The ‘Mahabharata’ is quite emphatic in this connection.
◦ In the ‘Santiparva’, Yudhistira was persuaded by Dvaipayana Vyasa, Lord Indra also held
that the life of a householder is only superior and sacred and gives scope for the
fulfillment of life’s mission.
10. CONT…
◦ The rites of the Hindu marriage also reflect its sacramental character.
◦ “There are certain rites which must be performed for marriage to be complete. The main
rites are homa, offering of the hand of the bride and saptapadi, the bride and
bridegroom going seven steps together”.
◦ All these rites are performed by a Brahmin in the presence of the sacred fire and are
accompanied by the Vedic ‘Mantras’ The Hindus lay so much emphasis on these rites
that when any of these rites are not properly performed, the marriage may be legally
questioned.
◦ Legally speaking, the Hindu marriage becomes complete and binding only when the
seventh step (in Saptapadi) is taken and till then it is imperfect and revocable.
◦ Therefore, where saptapadi ceremony is interrupted before the seventh step is taken,
the marriage remains incomplete.
11. ◦ The Hindu marriage is also considered a sacrament in another sense.
◦ “A Hindu male goes through the performance of several sacraments during the course of
his life. These begin with the laying of foetus and end with the cremation of his body.”
◦ In between the laying of foetus (Garbhadhana) and cremation (Antyesthi) lie several
sanskaras (sacraments) and marriage happens to be the most significant and essential
among them.
◦ “Similarly, marriage is said to be essential for women because that is the only sacrament
performed by them.”
◦ Now that Hindu marriage is considered as sacramental, there is not a requirement of
consent of any of the parties. Thus, even if the person is of unsound mind or minor, the
marriage is considered as a valid marriage.
◦ TODAY, the Hindu marriage has not remained a contract and neither it has remained a
sacrament. But it can be said it is a semblance of both.
13. INTRODUCTION
◦ Islam, unlike other religions is a strong advocate of marriage. There is no place of
celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said There is
no Celibacy in Islam.
◦ Marriage acts as an outlet for sexual needs & regulates it so one doesn’t become slave
to his/her desires. It is a social need because through marriage, families are established
and the families are the fundamental entity of our society. Furthermore marriage is the
only legitimate or halal way to indulge in intimacy between a man and woman.
◦ Islamic marriage although permits polygamy but it completely prohibits polyandry.
Polygamy though permitted was guarded by several conditions by Prophet but these
conditions are not obeyed by the Muslims in toto.
14. HISTORICAL BACKGROUND
◦ Before the birth of Islam there were several traditions in Arab.
◦ These traditions were having several unethical processes like:-
(i) Buying of girl from parents by paying a sum of money.
(ii) Temporary marriages.
(iii) Marriage with two real sisters simultaneously.
(iv) Freeness of giving up and again accepting women
◦ These unethical traditions of the society needed to be abolished;
Islam did it and brought a drastic change in the concept of marriage.
15. IN WORDS OF PROPHET
◦ Marriage is a vital part of a Muslim’s life. In fact marriage is so important in the religion of Islam that it
is declared to be one half of one’s faith.
◦ All of the scholars are in agreement that marriage is something recommended (mustahab) and called
for in Islam. Some took it to the level of obligatory (wajib) for those with the ability based on the
Prophet's (sas) statement:
◦ The Prophet of Allah (PBUH) has clearly forbidden people from celibacy:
◦ “There is no celibacy in Islam” Prophet of Allah (PBUH) said “O young people! Whoever amongst you
can marry, should marry, because it helps him lower his gaze and guard his modesty, and whoever is not
able to marry, should fast, as fasting is a shield for him (from desires).”
◦ The Prophet Muhammad (PBUH) said,‘A person who possesses the means to marry (i.e. he is able to
work etc. to support a wife and children) and does not marry then he is not from amongst us (i.e. the
believers).’
16. CONT…
◦ the Prophet Muhammad (PBUH) has been reported to have said, ‘Do not
delay in three things; 1) The offering of the obligatory prayer. 2) The
offering of the funeral prayer when the deceased’s body is present . 3) The
marriage of a woman when her couple is found’
◦ Allah(SWT) says in the Quran, ‘And wed the single among you’. (chapter 24,
verse 32)
◦ Abdur Rahim mentions: “The Muhammadan jurists regard the institution
of marriage as partaking both of the nature of ibadat (worship) and
muamalat (worldly affairs)”
17. DEFINITION
It is quiet relevant to know whether the Muslim marriage is a sacrament like
the Hindu marriage, for this let us get acquainted with some of the
definitions of Muslim marriage.
(a) Hedaya: - Marriage is a legal process by which the several process and
procreation and legitimation of children between man and women is
perfectly lawful and valid.
(b) Bailies Digest:- A Nikah in Arabic means Union of the series and carries
a civil contract for the purposes of legalizing sexual intercourse and
legitimate procreation of children.
(c) Ameer Ali:- Marriage is an organization for the protection of the society.
This is made to protect the society from foulness and unchastity
(d) A. A. Fyzee: “It is a contract for the legalization of intercourse and the
procreation of children”
19. NATURE: A CIVIL CONTRACT
◦ It is said that Muslim marriage is a civil contract and not a sacrament.
◦ Justice Mahmood observed in Abdul Kadir vs Salima (1886):
“Marriage among Muhammadans is not a sacrament, but purely a civil contract, and
though it is solemnized generally with recitation of certain verses from the Koran, yet the
Muhammadan law does not positively prescribe any service peculiar to the occasion.”
◦ Justice Mitter in Saburunnessa vs Sabdu Sheikh AIR 1934, Cal. HC observed:
“Marriage under Muslim law is a civil contract and is like a contract of sale. Sale is a
transfer of property for a price. In contract of marriage the wife is the property and
dower is price.”
20. CONT…
◦ So it is a civil contract- because: as like a contract:
1. There is an offer from one party.
2. There is an acceptance from other party.
3. There is a consideration (dower).
◦ Though there is a resemblance with contract it is not like other contract (e.g. sale).
◦ Why?-
1. In a sale the consideration or price must be paid for the conclusion of the contract. Otherwise the contract
would be invalid. In Muslim marriage the dower money can be fixed after the marriage. If it is not paid, the
marriage does not become invalid.
2. In a contract of sale the consideration is the actual price of the goods. Dower is not regarded as a bride
price or it is not fixed weighing bride.
3. In a sale the consideration is given to the owner of the property. In marriage dower is given to the property
(i.e. bride) itself.
21. CONT…
◦ Muslim marriage can also be differentiated from a civil contract on the basis of
following points:-
(a) It cannot be done on the basis of future happenings unlike the contingent
contracts.
(b) Unlike the civil contract it cannot be done for a fixed period of time. (Muta
Marriage being an exception.)
◦ Purpose of Marriage
The word Zawj is used in the Quran to mean a pair or a mate. The general purpose of
marriage is that the genders can provide company to one another, procreate
legitimate children & live in peace & tranquility to the commandments of Allah.
Marriage serves as a mean to emotional & sexual gratification and as a mean of
tension reduction.
23. INTRODUCTION
◦ Christians believe that marriage is a gift from God, one that should not be taken for granted.
◦ It is the right atmosphere to engage in sexual relations and to build a family life.
◦ Getting married in a church, in front of God, is very important.
◦ A marriage is a public declaration of love and commitment.
◦ This declaration is made in front of friends and family in a church ceremony.
◦ The Catholic Church teaches that marriage is God's doing: "God himself is the author of
marriage", which is his way of showing love for those he created. Because a marriage
is a divine institution it can never be broken, even if the partners are legally divorced:
as long as they are both alive, the Church considers them bound together by God.
24. ◦ Catholics are encouraged to marry other Catholics in order to attain a "perfect
union of mind and full communion of life", but it is also the priest's duty to
remember that marriage is part of God's natural law and to support the couple if
they do choose to marry.
◦ Marriage vows, in the form "To have and to hold from this day forward, for
better for worse, for richer for poorer, in sickness and in health, to love and to
cherish, till death us do part", have been recited at UK church weddings since
1552.
◦ But before the wedding service was written into the Book of Common Prayer,
marriages were much more informal: couples could simply promise themselves
to one another at any time or place and the spoken word was as good as the
written contract.
25. ◦ A couple may marry in their local Church Parish.
◦ Before 2007, they could not be married in another parish unless they had
attended church services there for six months and were on its electoral roll.
◦ In July 2007, however, the Church of England initiated a change in the law to
make it easier for couples to have a church wedding in a parish other than their
own. The changes make it easier for a couple to marry in a church where there is
a family or other special connection.
◦ The following are qualifying connections:
• One of the couple was baptised or confirmed in the parish
• One of the couple has (at any time) lived there for a period of six months or more
• One of the couple attended services there for six months or more
• A parent of one of the couple lived or attended services there for six months or more
• A parent or grandparent of one of the couple was married there
27. ◦ The Parsi Marriage is also regarded as a contract through a religious ceremony
of Ashirvad is necessary for its validity. ‘Ashirvad’ literally means blessings.
◦ A prayer or divine exhortation to the parties to observe their marital obligations with
faith.
◦ The weddings itself is an elaborate and tradition-laden affair spanning for several days.
◦ Weddings within the Parsi community are known as ‘Lagan’ and they take place at the
Parsi Agyari or Fire Temple.
◦ Parsis are predominantly Zoroastrians, i.e. followers of Zoroaster, or Zarathustra, one
of the oldest monotheistic religions in the world. Such a long history of Parsis in India,
and yet they have successfully preserved their culture and traditions.
◦ At the same time they have picked up certain local customs which have been
incorporated into their wedding rituals. On the whole, Parsi weddings are an
interesting mixture of cultures.