Muslim Laws on Marriage & Divorce: A Sacred Contract and Dissolution | Legal Reasoning for CLAT PDF Download

Introduction 

Marriage in Islam, known as “Nikah,” stands as a revered institution, embodying a profound agreement and covenant between a man and a woman. This sacred contract aims to cultivate happiness, tranquillity, and the establishment of a virtuous family, contributing to the well-being of society.

Nikah – A Sacred Contract

Islamic Tradition of Marriage In Islamic tradition, marriage is acknowledged as a mutual contract delineating the rights and responsibilities of both partners. Serving as the cornerstone of their life together, the Nikah contract seeks to foster love, understanding, and companionship between spouses.

“Mahr” – Consideration for the Contract

A pivotal element of the Nikah contract is the “Mahr,” representing the consideration or dowry bestowed by the groom upon the bride as a symbolic pledge of commitment. This can take the form of money, goods, or other valuable items, exchanged during the marriage ceremony. It symbolizes the husband’s commitment and financial responsibility without implying a transaction or purchase.

Divorce (Talaq) – Dissolution of Marriage

While marriage is held as sacred in Islam, provisions for divorce, or “Talaq,” exist to address specific circumstances. Dissolution can occur through the husband’s initiative, the wife’s request, mutual agreement, or a judicial process. The Islamic divorce process follows guidelines and conditions, allowing the husband to pronounce Talaq, enabling the wife to seek divorce through “Khula,” or recognizing mutual agreement.

“Iddat” – The Period of Waiting

Post-divorce, a woman enters the “Iddat” or “Iddah” period, during which remarriage is prohibited. This period serves to determine potential pregnancy and allows time for reflection and potential reconciliation before finalizing the divorce.

Conclusion

In Islam, marriage is revered as a sacred contract fostering love, respect, and partnership between spouses. The Mahr signifies the husband’s commitment, divorce (Talaq) provides a regulated avenue for dissolution, and the waiting period (Iddat) emphasizes reflection and the possibility of reconciliation. Islamic laws on marriage and divorce prioritize fairness, compassion, and the preservation of family values, underscoring the dignity and rights of all individuals involved.