MOHAMMEDAN LAW
eas many as four wives ata time,
nder Muslim Law, husband can have :
Under Muslin Ske Hindu Marriage Act, 1955, prohibits polygamy:
mitted under old Hindu Law
outs Theat
eal Goat ae
| Genpact
Anton mavhage difer from mariage under Enghsh law. marge te cae
eee egal a ci contrat but it aifers fom a Mastin the asi thet be
3s per
Hate Hydel? that an English marriage is “the voluntary union of one man eon eae
Sion of others.” This rule of exclusion applies to the Tetley Oba
woman to the exc
he female; while under Muslim law, only the female is en
her and started
ty to take as many as four wives at a
couple. Later she
cwhether their n
High Court citec
to the validity «
ale being at lib
Law recognises the doctrine of coverture, whereas Muslim
subject to the rule
time. Again Englis
6, Essentials or formal requirements of marriage—Though in the Muslim
— : jonial rites are performed at the
mmunities certain social functions and ceren
ime of marriage, such functions or rites are not-legally-necessary. The behalt of ae
solemnisation of marriagé requires adherence. to.certain-formsvand formulas. bycor an Beat
ied the essentials of.yalid-masxiage. If any of these requirements ulead ones
led the marriage becomes either void or irregular, as the case may epeodl a
ssentials are that there should be &)pFOposal made by or on behalf made agiaeal
e parties to the marriage and an acceptance of the proposal by or on conga
other, in the presence and hearing of wo male or one male and essential.”
ane and adult Muslims. The proposal and a
ting. A proposal made at one The court,
fing and an acceptance made at another, do not constitute a valid marriage of the offer to m
Neither writing nor any religious ceremony is essential!®. ‘Thus, in short, the therefore, mere
entials are as follo _ factum of marti
Proposal and acceptance It was
peeran tk particular
ca : offer (jab)
(1) Proposal and acceptance.— Marriage like any other contract is
constituted by ijab
to the marriage
nal, that is by declaration and acceptance, One party
t' make an offer (jab) to the other party, The marriage
becomes complete only when the other party has accepted that offer,
According to Muslim law itis absolutely necessary that the man or someone
on his behalf and the woman or someone on her behalf should agree to the
marriage at.one meeting and the agreement should be with ult
witnesses. As woman is in pardah, it is customary to send a relation of the
woman to her inside_the house accompanied by two witnesses, The relation
asks the girl within the hearing of the witnesses WHENGF SNE AUINSHZe=-him
to agree to the marriage on her behalf for the dower money. of
says yes or signifies her consent by some other method, the three persons come
17, (1966) Land D130,
18, Jogu Bibi v. Mesl Shaikh, (1996) 63 Ca. 415. See also. Rokina Khatoon
Gau 33. Rahinn Khatoon v: §