history and law of marriage

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Page 1: history and law of marriage
Page 2: history and law of marriage

PRESENTATION: B.LAW

GROUP:

SPANGLESGROUP MEMBERS: SONIA EHSAN SHIEKH 0187 NARMEEN FAROOQ MALIK 0220 HIRA NAEEM 0080

AYESHA ZIA 0037 FIZA ARSHAD 0017

Page 3: history and law of marriage

Sonia Ehsan Shiekh 0187

History of Marriage:Marriage by agreementMarriage by purchaseMarriage by captureMarriage by inheritance

Page 4: history and law of marriage

Laws relating to marriage

Guardians and Wards Act 1890Child Marriage Restraint Act 1929Dissolution of Muslim Marriages Act 1939Muslim Family Law Ordinance 1961 (link) ( West Pakistan ) Family Courts Act 1964Offence of Zina(Enforcement of Hudood )

Ordinance 1979Law of Evidence ( Qanun-e-Shahada) Order

1984Enforcement of Sharia Act 1991Dowry and Bridal Gifts (Restriction) Act 1976

Page 5: history and law of marriage

Laws of Pakistan Concerning Muslim Marriages:

Under age marriagesConsent of waliRegistration of marriagesPolygamous marriagesDissolution of Muslim

marriages act 1939 Talaq by husband Khula

Page 6: history and law of marriage

Narmeen Farooq Malik 220

“Islamic Laws Regarding Marriage.”:The Prophet Muhammad (PBUH) said:

"Marriage is my Sunnah (that is a recommended action of the Prophet) and whoever does not

follow my Sunnah is not my true follower" (Ibn Haiah, Babun Nikah).

Allah has commanded the Muslims to marry:

"And marry those among you who are single.... "(24: 33).

Page 7: history and law of marriage

Marriage Contract Conditions according to Islamic Law:

ConsentMahrWitnessesAfter contract signatureGeneral rights of

husband and wifeGeneral duties of

husband and wife>> Conditions for a valid

marriage, according to Islamic law.

Page 8: history and law of marriage

Hira Naeem 0080

Islamic Laws Regarding Divorce:

The Prophet of Islam (PBUH) has said: "Among lawful things, divorce is most disliked by Allah" (narrated in the book of tradition of Abu Daud).

Quran states that;"And if you fear that the two (i.e. husband and wife) may not be able to keep the limits ordered by Allah, there is no blame on either of them if she redeems herself (from the marriage tie) " (2 : 229).

Page 9: history and law of marriage

Talaq:If circumstances

warrant or necessitate itGrounds of divorce Procedure of divorce by

husband according to Islam1st , 2nd & 3rd divorce

IddatHallala

Page 10: history and law of marriage

Khulla:

What Khula is?Rights of husband in khulaSaid the Prophet,

“If any woman asks her husband for a divorce without some strong reason, the fragrance of the Garden will be forbidden to her.” Mutual Disliking

Mubaraat Mutual Disliking

Page 11: history and law of marriage

Marriage is a legal contract

DefinitionFeaturesConsiderationsThe facts TypesWarning

Ayesha Zia 037

Page 12: history and law of marriage

Marriage with respect to contract of law

Definitions:Section 2(h) of the Act defines the term

contract as "any agreement enforceable by law". There are two essentials of this act, agreement and enforceability.

Section 2(e) defines agreement as "every promise and every set of promises, forming the consideration for each other."

Fiza Arshad 017

Page 13: history and law of marriage

Essential Elements of a Valid Contract With respect to Marriage:

Proper offer & proper acceptanceLawful considerationCompetent to contract or

capacityFree consentLawful object and agreementAgreement not declared void or

illegalImplied or express

Page 14: history and law of marriage