Types of Marriages
Valid Marriage (Nikah): Discussed earlier
This type has already been elaborated in the section on “Validity of Marriages”. A Valid (Sahih) Nikah is one that satisfies all legal requirements under Muslim law such as:
- Offer and acceptance (Ijab-o-Qubul)
- Competency of parties
- Free consent
- Absence of prohibited degrees of relationship
- Presence of witnesses (for Sunnis)
- Specification of Mahr (dower)
Such a marriage is permanent and gives rise to full legal and social consequences including inheritance rights, legitimacy of children, and maintenance obligations.
Mutah Marriage (Shia Law)
Definition and Conditions
Mutah marriage is a temporary marriage recognised only under Shia law, particularly the Imami (Twelver) sect. It is not valid under Sunni law.
Essential features:
- It is contracted for a fixed period — ranging from hours to years.
- The amount of Mahr must be specified.
- No witnesses are necessary.
- There is no mutual inheritance unless specified in the contract.
- No obligation of maintenance unless stipulated.
Termination: The marriage ends automatically on the expiry of the fixed term. If consummated, the wife must observe iddat (waiting period).
Distinction from Perpetual Marriage
| Aspect | Mutah Marriage | Perpetual Marriage |
|---|---|---|
| Duration | Temporary (fixed time) | Permanent |
| Witness | Not required | Required (for Sunnis) |
| Maintenance | Not mandatory unless agreed | Mandatory |
| Inheritance Rights | No inheritance unless agreed | Spouses inherit from each other |
| Dissolution | Ends automatically after term | Requires talaq or death |
Example 1. A Shia Muslim man enters into a marriage for 6 months, specifying ₹50,000 as Mahr. Is it valid?
Answer:
Yes, this is a valid Mutah marriage under Shia law as the term and Mahr are clearly specified.
Musafaha Marriage (Shia Law)
Musafaha is not a legally recognised form of marriage in Shia law but rather refers to a sexual relationship between a man and woman outside the boundaries of Nikah or Mutah.
It is derived from the root word Safh which means "to copulate" and generally denotes temporary union without legal contract. In classical Shia jurisprudence, such a relationship is:
- Illegal and punishable unless it fulfills conditions of a valid Nikah or Mutah.
- It does not create any legal rights or obligations.
- Children born out of musafaha are considered illegitimate.
Thus, Musafaha is akin to fornication (zina) in Shia law and has no recognition or standing under Islamic jurisprudence.
Example 2. A man and woman cohabit without performing Nikah or Mutah. What is the legal status?
Answer:
Such a union is considered illegal (Zina) and termed as Musafaha. It has no legal validity or consequences in Shia law.
Void Marriages (Batil)
Marriages within prohibited degrees of relationship
Under Muslim law, marriages contracted within the prohibited degrees of relationship are considered void (Batil). These include both consanguineous and affinity-based prohibitions as prescribed by the Quran and Hadith.
Examples of prohibited consanguineous relationships:
- Mother, daughter, sister
- Aunt (paternal or maternal)
- Niece (brother’s or sister’s daughter)
Examples of prohibited affinity-based relationships:
- Wife’s mother or grandmother
- Son’s wife or grandson’s wife
- Father’s wife
Consequences:
- The marriage is void ab initio (from the beginning)
- No legal rights or obligations arise
- Children are considered illegitimate
Marriages due to unlawful conjunction
Unlawful conjunction (jam' bayn al-mahramayn) refers to marrying two women at the same time who are closely related to each other in a way that if one were male, they could not lawfully intermarry with the other.
Examples:
- Two sisters
- A woman and her aunt (maternal/paternal)
- A woman and her niece
Legal Consequences:
- Marriage is void under Sunni and Shia law
- No rights of maintenance or inheritance
- Children are considered illegitimate
Example 1. A man marries two sisters at the same time. Is this valid?
Answer:
No, this is a void marriage as it involves unlawful conjunction. The second marriage will be considered Batil (void).
Marriages without witnesses (Sunni Law)
Under Sunni law, the presence of at least two adult male witnesses, or one male and two female witnesses, is mandatory for a valid marriage (Nikah).
Absence of witnesses renders the marriage void (Batil) under Sunni law.
Shia law distinction: In contrast, under Shia law, witnesses are not essential for the validity of the Nikah.
Consequences in Sunni law:
- No marital rights arise
- No right to dower (Mahr)
- No legal legitimacy of children
Example 2. A Sunni Muslim man marries a woman without any witnesses present. Is it valid?
Answer:
No, the marriage is void under Sunni law as the mandatory requirement of witnesses is not fulfilled.
Marriages with women observing iddat
Iddat is the waiting period a woman must observe after divorce or the death of her husband before she can remarry.
According to Muslim law, marriage with a woman who is still undergoing her iddat is considered void (Batil).
Duration of Iddat
- Divorced woman: Three menstrual cycles or three lunar months
- Widow: Four months and ten days
- Pregnant woman: Till delivery of the child
Consequences:
- Marriage is null and void
- Children born are illegitimate
- No marital rights such as dower or maintenance
Example 3. A man marries a woman 2 months after her husband’s death. Is this marriage valid?
Answer:
No, the marriage is void as the iddat period (4 months and 10 days) has not been completed.
Irregular Marriages (Fasid)
Absence of Witnesses (Shia Law)
Under Shia Law, unlike Sunni Law, the absence of witnesses does not render a marriage void. However, in some cases, where the marriage is conducted secretly or in violation of established norms, it may be treated as Fasid (irregular).
Consequences:
- Marriage can be regularized by performing it in public or with acknowledgment.
- Mahr (dower) is payable if consummation occurred.
- Children born out of such marriage are legitimate.
Marriage with a fifth wife (exceeding the limit of four)
Under Muslim Law, a man is permitted to have up to four wives at a time. A marriage contracted with a fifth wife while the previous four are still lawfully married is considered Fasid (irregular).
Legal Implication: Such a marriage is not void, but remains inoperative until the irregularity is removed — i.e., one of the previous marriages is dissolved.
Consequences:
- Marriage becomes valid if the number of wives is reduced to four.
- Mahr is due if the marriage was consummated.
- Children are legitimate.
Marriage during Iddat period
A marriage contracted during a woman’s iddat period (following divorce or husband's death) is considered:
- Void (Batil) under Shia Law
- Irregular (Fasid) under Sunni Law
Consequences under Sunni Law:
- Marriage can be regularized after completion of iddat.
- Consummation before regularization may still render mahr payable.
- Children are legitimate.
Marriage without proper Dower
Mahr (dower) is a legal obligation in a Muslim marriage, and though absence of specification at the time of marriage does not void it, it may render the marriage irregular (Fasid) depending on the school of law.
Sunni Law View:
- Marriage without specifying dower is still valid.
- Dower becomes payable as per court's order or customary amount (mahr-i-misl).
Shia Law View:
- Marriage without dower may be considered irregular unless mahr is later settled or implied.
Marriage between Muslims and non-Muslims (with exceptions)
Muslim law differentiates between kitabi (People of the Book) and non-kitabi while assessing the validity of interfaith marriages:
Sunni Law:
- Muslim man may validly marry a Kitabi woman (Christian or Jew).
- Marriage with non-Kitabi women is irregular (Fasid).
Shia Law:
- Marriage with any non-Muslim woman (even Kitabi) is void (Batil).
Consequences of Fasid Marriage under Sunni Law:
- Marriage may be regularized if the woman converts to Islam.
- Mahr is due upon consummation.
- Children are legitimate.
Example: A Sunni Muslim man marries a Hindu woman without her converting to Islam. What is the legal status?
Answer:
Such a marriage is Fasid (irregular). It can be regularized if the woman converts to Islam. Until then, limited rights arise from the union.