Muslim marriage: Sahi, Batil & Irregular Marriage
TYPE OF MUSLIM MARRIAGE
There are three kinds of marriages recognized under muslim law on the basis of validity:
- Sahi Marriage
- Batil Marriage
- Fasid Marriage
TYPES OF MUSLIM MARRIAGES:
- Sahi Marriage or valid marriage- This marriage satisfies all the essential condition of valid marriage.
Consequences of Sahi marriage are as follows:-
i) Consummation is legal.
ii) Children are legitimate and will inherit the property.
iii) Husband and wife will inherit each other’s property.
iv) Wife gets right of maintenance, dower and residence.
2. Batil Marriage or void marriage- This marriage has no legal effect.
Consequences of Batil marriage are as follows:
i) Consummation is not legal.
ii) Children are illegitimate and will not inherit property.
iii) Wife will have no right of maintenance, dower and residence.
iv) Wife is not entitled to maintenance but is entitled to dower if marriage is consummated.
v) Husband and Wife can separate without divorce.
3. Fasid Marriage or irregular marriage- This marriage is not completely void.
i) Marriage contracted without witness under Sunni law is irregular. No requirement od witness under shia law.
ii) Marriage with a woman undergoing iddat. In sunni law, such marriage is irregular and in shia law such marriage is void.
iii) Marriage with fifth wife. In sunni law, such marriage is irregular and in shia law such marriage is void.
iv) Marriage between non-kitabia woman and a muslim man is fasid. Such marriage in shia law is void.
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