history and law of marriage
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PRESENTATION: B.LAW
GROUP:
SPANGLESGROUP MEMBERS: SONIA EHSAN SHIEKH 0187 NARMEEN FAROOQ MALIK 0220 HIRA NAEEM 0080
AYESHA ZIA 0037 FIZA ARSHAD 0017
Sonia Ehsan Shiekh 0187
History of Marriage:Marriage by agreementMarriage by purchaseMarriage by captureMarriage by inheritance
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
Laws of Pakistan Concerning Muslim Marriages:
Under age marriagesConsent of waliRegistration of marriagesPolygamous marriagesDissolution of Muslim
marriages act 1939 Talaq by husband Khula
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).
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.
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).
Talaq:If circumstances
warrant or necessitate itGrounds of divorce Procedure of divorce by
husband according to Islam1st , 2nd & 3rd divorce
IddatHallala
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
Marriage is a legal contract
DefinitionFeaturesConsiderationsThe facts TypesWarning
Ayesha Zia 037
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
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