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Muslim marriages Relevant laws, rights, and obligations
MD. NAFIS ANOWAR SANTO
There are many rights and obligations that vest upon the parties after solemnisation of a valid marriage. For instance, the legitimacy of children, claim for maintenance, questions regarding the right to inheritance, etc. are all dependent upon the status of marriage. Similarly, statutory laws try to regulate aspects of marriages as part of public weal. Hence, it is useful to get acquainted with the laws, consequent rights and obligations of marriages. This article briefly discusses a few such rights and obligations with respect to Muslim marriages.
As per section 3 of the Muslim Marriages and Divorces (Registration) Act 1974, every marriage solemnised under Muslim law shall be registered. Where a marriage is solemnised by the Nikah registrar himself, he shall register the marriage at once. On the other hand, where a marriage is solemnised by a person other than the Nikah registrar, the bridegroom shall report it to the concerned Nikah registrar within 30 days from the date of solemnisation. Interesting to note, registration is not mandatory in Hindu marriages. But registration should be done for getting legal protection while traveling abroad, asset transfer, preparing a deed of gift, presenting evidence in court, and divorce. The Hindu Marriage Registration Act 2012 has paved the way for registration of marriages solemnised under the Hindu law.
According to the Child Marriage Restraint Act, 2017 the parties to a marriage must be of legal age of marriage. Section 2 of this Act sets the minimum age of the groom at 21 years, and that of the bride at 18 years. It is pertinent to mention that this Act does not render marriages validly solemnised under Muslim Law invalid but penalises the solemnisation of marriage of or between underage individuals.
Interestingly, there has been a misconception about ‘court marriage’ in our society which merely is an affidavit sworn by the parties to a marriage before a magistrate to the effect that they have decided to marry at their own discretion and without any undue influence or coercion. As such, after this procedure, in order to validate the marriage, formalities must be completed as per the family law (e.g., Muslim personal law).
Dower is a strict financial obligation set by Shariah that has to be undertaken by every Muslim husband as a consequence of a marriage. There may be two portions in terms of the time of payment of dower: prompt and deferred. The prompt portion has to be paid immediately, and the deferred portion is payable on dissolution of marriage or at the occurrence of any specified event. Dower should be determined based on the social status and economic capacity of both parties. The whole or any portion of the dower that is to be paid to the wife should be clearly mentioned in the Kabinnama .
Clause 18 of the Kabinnama speaks about delegating the right to divorce to the wife, also known as Talaq-i-Tafwid . This right can be delegated unconditionally or with conditions attached by the husband. It gives a Muslim woman the right to repudiate the marriage without the intervention of court.
The writer is a student of Law at University of Dhaka.