Marriage In Islam: Void And Irregular Marriage.
Marriage is a civil contract which is made by the parties for the sole purpose and object of benefiting themselves according to Islamic Law.
Under Islamic Law, Contract of Marriage need not to be proved through a written documents.
Classification of marriage:
Marriage is classified as under:
A marriage which fulfil al the requirements of Islamic law is called Valid Marriage.
A marriage which is done by Unlawful means is called Void Marriage.
1) If there is no consent of Either Party.
on the ground of Affinity, marriage is prohibited.
3)Fosterage marriage is prohibited.
4) Amarriage is prohibited on the ground of Consanguinity.
5) Marriage with the wife of another Person. Explanation is necessary that if a woman is already in a marriage contract with a person, she cannot marry to an other person.
An irregular marriage is that which is not unlawful itself but unlawful for something else.
1) A marriage without witnesses.
2) A marriage with a woman observing "Iddat".
3) Difference of Religions.
4) Marriage with two sisters at the same time.
A marriage with a fifth wife when already 4 wives are in marriage.
Modes of Avoiding Irregular Marriage:
Following steps can taken avoiding Irregular marriage:
By The Court:
The court can cancel the marriage if matter is brought into the notice of the court.
The husband can Repudiate the wife.
The wife cand end the marriage.
To Conclude i can say that "A void marriage is not lawful" whereas "Irregular marriage is not Unlawful but unlawful for some other reasons"