Nandita Pandey & Nishant Bezbaruah, B.B.A. LL.B (Hons), School of Law, Alliance University
ABSTRACT
This research paper titled “Jurisprudence behind Islamic marriages” aims to explain the meaning of jurisprudence and its nature, and jurisprudence behind Nikah (Muslim Marriages) that includes origin definition and essentials of Nikah and aims to explain the types of Nikah. This paper helps to understand the legal aspects of Nikah and the essentials of a valid marriage.
INTRODUCTION
Nikah which means marriage in Islamic law, which is a contract, acts as an outlet for sexual needs and regulates it. Nikah is a social need because through marriages families are established and families are the core unit of our societies. Moreover, the only lawful way for a woman and a man to get into any sort of physical relations is marriage. Not only social aspects, but Muslim marriages also have legal and religious aspects. Jurisprudence in simple words means Knowledge of law. According to Islam, marriage is an institution created to preserve society and in order that humans may guard themselves from foulness and unchastity. Islamic marriage permits limited polygamy. Nikah is a contract for the legalization of intercourse and procreation of children. Marriage in Islam is constituted without any ceremonies. The essential requirements to fulfil a marriage is offer (ijab) on the part of one party and acceptance (qubul) by the other party before sufficient witnesses. Both bride and groom give consent for the marriage on their own free will. Mahmood, J in the leading case of Abdul Kadir v. Salima observed: Muslim marriage is a civil transaction, not a sacrament, and although it is typically solemnised with the recital of a few verses from the Qur'an, Muhammadan law does not specifically mandate any special rituals.
