2. ABSOLUTE
PROHIBITIONS
Consanguinity :-
Mother or grandmother how high so ever
Hsis daughter or grand daughter how low so ever
His sister including half sisters
His nieces or grand nieces
His aunts both paternal and maternal
Daughters of brother
Daughters of sister
3. Continued.,
Affinity (nearness) :-
Ascendants and descendants of his wife
Wife of his own son or daughter’s son
Mother in law
Children and grand children
4. Continued.,
Fosterage:-
Foster mother
Ascendants and descendants of the suckling
woman
Mothers milk must be in its original form . If its
frozen then there is no bar
The mothers milk should reach the stomach of
the child
5. RELATIVE PROHIBITIONS
Unlawful conjunction & Polygamy :-
A Muslim is forbidden to have two wives at the
same time so related to each other by
consanguinity, affinity and fosterage.
Limited polygamy upto 04 wives
5th wife ??????????
No mariage during the course of Iddat
A muslim woman marrying a non-muslim ?
Polyandry ???
6. DIRECTORY
PROHIBITIONS
Marriage with pregnant woman :- Unlawful but
with an exception.
Remarriage with a divorce:- After
pronouncement of talaq can they re-unite ?
Marriage during pilgrimage :- Conflict of
opinions between different schools of
thoughts.
Marriage with a sick man :- Invalid with
exceptions
7. RIGHTS AND DUTIES
Wife is bound to observe strict conjugal fidelity
Bound to allow her husband to have sexual
intercourse
Husband has a right to restrain wife’s movements
in a reasonable manner
She is entailed to claim Mehr
Equal treatment and a separate sleeping
apartment in case of more than one wife
Entitled to visit and being visited by her relatives
at least once a year.
Refuse to live with him if he keeps an idol for
worshipping
8. KINDS OF MUSLIM
MARRIAGE
Valid (Sahih) Marriage :- Baisc conditions as
per contract and w.r.t witnesses 02 men or a
man and 02 women
Void (Batil) :- on the basis of consanguinity,
foestrage, affinity , 5th wife, pregnant woman,
etc.,
Fasid ( Irregular):- An irregular marriage has
no effect before the consumation ( both
husband and wife has the right to relinquish
the marriage)
9. OPTION OF PUBERTY
Puberty :- The age at which a person becomes
capable to perform sexual intercourse and
procreating children.
A muslim boy or a girl cannot directly contract
a marriage who have not attained the puberty
10. IDDAT
“Iddat is an interval where the women is bound
to observe between the termination, by death
or divorce of one matrimonial alliance and the
commencement of another”.
Duration:- Widow – 04 months and 10 days
from date of death
Divorce:- 03 menstruation periods
If pregnant ?????
11. DOWER (Mehr)
“Dower is the sum of money or other property
which the wife is entitled to receive from the
husband in consideration of marriage”.
Dower as a mark of respect for the wife
Dower as a device to control the right to
divorce
12. CLASSIFICATION OF
MEHR
Specified Dower (Mehr-I Musamma) :- It is a kind of
dower fixed at the time of marriage, or to which the
parties have agreed after the marriage, or which the
qazi has fixed after the marriage.
Prompt Dower (Mahr –I Muajjal) :- It is a kind of
dower which has been paid at the time of marriage or
which has been stipulated to be necessarily payable
immediately on demand after marriage.
Deferred Dower (Mehr-iMuwajjal):- It is a kind of
dower for the payment of which some time has been
fixed, however nearer or farther from the marriage it
may be. It becomes payable only on the expiration of
the period specified.