Page 85 - DSOC201_SOCIAL_STRUCTURE_AND_SOCIAL_CHANGE_ENGLISH

Social Structure and Social Change

Notes The important legislations relating to these six aspects of marriage passed from time to time are: (i)
The Child Marriage Restraint Act, 1929 (dealing with age at marriage), (ii) The Hindu Marriage
Disabilities Removal Act, 1946 and Hindu Marriages Validity Act, 1949 (dealing with field of mate
selection), (iii) The Special Marriage Act, 1954 (dealing with age at marriage, freedom to children in
marriage without parental consent, bigamy, and breaking up of marriage), (iv) The Hindu Marriage
Act, 1955 (dealing with age at marriage with the consent of parents’ bigamy, and breaking up of
marriage) (v) The Dowry Act, 1961, and (vi) The Widow Remarriage Act, 1856.
3.3 Marriage among Muslims

Muslim society is stratified not only among Shias and Sunnis but also among Ashraf (Saiyed, Sheikh,
Pathan, etc.), Azlab (Momins, Mansooris, Ibrahims, etc.) and Arzal (Halalkhor, etc.). The Ashrafs are
the noble-born, the Azlabs are low-born, and the Arzals are the lowest of all. All these groups are
endogamous and inter-marriages among them are condemned and discouraged.
Muslim marriage, called nikah, unlike the sacramental marriage of the Hindus, is considered to be a
civil contract. Its important objectives are: control over sex, procreation of children and perpetuation
of family, upbringing of children, and ordering of domestic life. S.C. Sarkar also maintains that
marriage among Muslims is a civil contract. But it will be wrong to say that Muslim marriage has no
religious duty. It is a devotion and an act of ibaddat. Jang (1953) is, therefore, more correct in maintaining
that nikah, though essentially a contract, is also a devotional act. But it is surely not a sacrament like
Hindus.
The Muslim marriage has five features: (i) proposal and its acceptance, (ii) capacity to contract marriage,
(iii) doctrine of equality, (iv) preference system, and (v) mahar. The proposal is made by the bride-groom
to the bride just before the wedding ceremony in the presence of two witnesses and a Maulvi (priest).
For recognising marriage as sahi (regular), it is necessary that both the proposal and its acceptance
must be at the same meeting. Not doing so makes marriage ‘fasid’ (irregular) but not batil (invalid).
Further, female testimony has been rejected in Muslim marriage. Fasid marriage can be converted
into sahi marriage but not the batil one. Examples of fasid marriages are: absence of witnesses at the
time of making and accepting the proposal, fifth marriage of a man, marriage of a woman during the
period when she is undergoing iddat (period of seclusion for three menstrual periods after husband’s
death or divorce), and difference of religion between husband and wife. Examples of batil marriages
are: marriage with a person who worships idol or fire, polyandry, and marriage with some
consanguineous kin (say, father’s sister, mother’s sister, own sister or brother, sister’s daughter, son’s
wife and so on). The feature of capacity to contract marriage refers to not recognising child marriage or
marriage of a person of an unsound mind. The Shia law gives the right to the guardian of a minor to
contract his/her marriage. The marriage contracted by the fazuli relative of a minor gives the right to
the minor to ratify the marriage on attaining puberty. The practice of ratification and option of
repudiation is called khairulbalig. The doctrine of equality refers to marriage with a person of low status.
Such marriages are looked down upon. Similarly, runaway marriages (called kifa) are also not
recognised. The preferential system refers to giving preference first to parallel (chachera and mausera)
cousin and then to cross-cousin (only mamera but not phuphera). But these days, cousin marriages are
discouraged. Mahr (dower) custom in marriage refers to money which a wife is entitled to get from
her husband in consideration of marriage. Mahr can be specified (fixed) or proper (considered
reasonable). It can also be prompt (payable on husband’s death or divorce) or deferred. At one time, the
Muslims had a practice of muta (temporary) marriage but that practice has been abolished now.
Divorce (talaq) in Muslim society can be given with or without the intervention of the court. A woman
can divorce her husband only through the court but a man can divorce his wife without approaching
the court and by making a single pronouncement during one tuhr (one menstruation period, i.e., one
month) (called Talaq-e-Ahasan) or three pronouncements in three tuhrs (called Talaq-e-Hasan) or three
pronouncements in a single tuhr (called Talaq-e-Ulbidat). In addition to these three types of divorce,
there are three other kinds of divorce too: illa, zihar, and lian. In illa, the husband swears by Allah
(God) to abstain from sexual relations with his wife for a period of four or more months or for a
specified period. After making ilia, if he really abstains from sexual intercourse, the marriage is
considered to be dissolved. In zihar, the husband declares in the presence of two witnesses that his

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