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FAQs on PPT: Nature of Muslim Marriage - Civil Law for Judiciary Exams

1. What are the key principles governing Muslim marriage in the judiciary?
Ans. The key principles governing Muslim marriage include the concepts of consent, the legal capacity of both parties, and the necessity of a marriage contract (Nikah). Consent must be freely given by both parties, and both must have the legal capacity to marry, which includes being of appropriate age and mental competence. The marriage contract outlines the rights and responsibilities of both spouses.
2. How is a Muslim marriage contract (Nikah) structured?
Ans. A Muslim marriage contract (Nikah) is structured to include details such as the names of both parties, their guardians' consent if applicable, the Mahr (dowry), and the terms of the marriage. It must be witnessed by at least two adult Muslims, and it serves as a legal document to formalize the marriage.
3. What rights do Muslim women have in marriage according to Islamic law?
Ans. Muslim women have several rights in marriage according to Islamic law, including the right to receive Mahr, the right to seek divorce (Talaq), and the right to be treated with kindness and respect. Women can also stipulate conditions in the marriage contract to protect their interests.
4. How does divorce work in Muslim marriage, and what are the grounds for it?
Ans. Divorce in Muslim marriage can occur through several means, including Talaq (divorce by the husband), Khula (divorce initiated by the wife), and judicial divorce. Grounds for divorce can include incompatibility, abuse, or failure to fulfill marital obligations. The process often involves a waiting period (Iddah) for the woman.
5. What role do family and community play in a Muslim marriage?
Ans. Family and community play a significant role in a Muslim marriage, as they often participate in the matchmaking process, help negotiate the marriage contract, and provide support during the marriage. Their involvement can influence decisions regarding marriage, divorce, and the upbringing of children within the marriage.
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