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Concept Of Marriage Under Mohammedan Law: Qur’anic Foundations And Legal Principles




Saad Mubeen Gavandi, LL.B., School of Legal Studies (Law), Sanjay Ghodawat University, Kolhapur, Maharashtra, India.

Saniya Mohanmadrafik Banadar, LL.B., School of Legal Studies (Law), Sanjay Ghodawat University, Kolhapur, Maharashtra, India.


ABSTRACT


Marriage (Nikah) is one of the most significant institutions under Mohammedan Law, serving as the foundation of family life and social organization within the Islamic legal system. It is recognized as a lawful union between a man and a woman, established to promote companionship, mutual respect, emotional support, and the continuation of human society through procreation. Unlike a purely sacramental relationship, Nikah possesses a contractual character while simultaneously carrying profound moral, social, and religious significance. The Holy Qur'an and Islamic jurisprudence emphasize marriage as a means of fostering affection, tranquility, and stability among individuals and communities.

This study examines the concept, meaning, nature, and essential requirements of marriage under Mohammedan Law. It explores the legal foundations of Nikah, including proposal and acceptance, competency of parties, free consent, witnesses, and dower (Mahr). The paper further analyzes the objectives and importance of marriage in Islam, highlighting its role in safeguarding individual rights, maintaining social order, and strengthening family relationships. Through an examination of Qur'anic principles, Hadith, and classical juristic interpretations, the study provides a comprehensive understanding of the institution of marriage and its continuing relevance in contemporary Muslim personal law.


Keywords: Mohammedan Law, Nikah, Marriage, Muslim Personal Law, Islamic Jurisprudence, Mahr, Family Institution, Contractual Nature of Marriage, Muslim Family Law, Islamic Marriage.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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