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F.law 1.docx 11 April

The document contains answers to four questions about Muslim marriage law. Question 1 discusses the validity of a long distance phone marriage. Question 2 outlines the procedure at a Muslim marriage ceremony. Question 3 defines the Doctrine of Valid Retirement which cures deficiencies in marriage formalities. Question 4 discusses presumptions and types of evidence used to prove marriages under Muslim law.

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Syed renoba
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15 views2 pages

F.law 1.docx 11 April

The document contains answers to four questions about Muslim marriage law. Question 1 discusses the validity of a long distance phone marriage. Question 2 outlines the procedure at a Muslim marriage ceremony. Question 3 defines the Doctrine of Valid Retirement which cures deficiencies in marriage formalities. Question 4 discusses presumptions and types of evidence used to prove marriages under Muslim law.

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Syed renoba
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 ANSWERS OF THE QUESTIONS DATED 11/04/2020

 ENROLLMENT NO.: GU17R0389 (SYED RENOBA)


 SEMESTER: 3RD
 SUBJECT: ADR

Q.NO.1: Akbar is an NRI and lives in London. He offers to marry Waheeda in Delhi by
long distance call over phone. Waheeda accepts the offer on phone. Is this a valid marriage
under Muslim law? Discuss.

This marriage is valid under Muslim law, as per Muslim law there should be offer or proposal
(ijab) by or on behalf of one of the parties and an acceptance (qubul) of the proposal by or on the
behalf of the other party. A long distance telephone (speaker-phone) could be used when the
parties are in different cities/countries; however, the presence of witness is necessary.

Q.NO.2: What is the procedure at a Muslim marriage?

The procedure at marriage as per Muslim law is: the girl asked, within the hearing of witnesses,
whether she agrees to marriage, for the dower offered by husband (details about dower given).
When the girl says ‘yes’ or signifies her consent by some other method, then mulla asks husband
whether he offers to marry. He says ‘yes’. Then relation of girl (acting as agent) asked by mulla
whether she agrees. She says ‘yes’. Witnesses are present so that if there is any doubt the mulla
can question them as to whether the relation of girl is a duly authorized agent.

Q.NO.3: What is the Doctrine of Valid Retirement (Khilwat-us-Sahiba)?

In Muslim law, consummation of marriage cures deficiencies of the formalities. When the
husband and wife are alone together under circumstances which present no legal, moral and
physical impediment to marital intercourse, they are said to be in ‘valid retirement’. A valid
retirement raises a presumption of consummation of marriage.

A valid retirement in the Sunni law has the same legal effect as actual consummation as regards
dower, establishment of paternity, observance of iddat, maintenance, and, bar of marriage with
wife’s sister. But it has no the same effect as actual consummation as regards the bar of marriage
with the wifes’s daughter, or the bar of re-marriage between divorces.

Q.NO.4: What is the presumption and proof of marriages in Muslims?

The question of Muslim marriage is a question of fact which may be proved by the direct
evidence (calling witnesses present at the time, producing nikah-nama signed by the parties) or
by indirect evidence raising a presumption of marriage.

Under Muslim law, like Hindu law, the prolonged and continuous cohabitation raises a
presumption of valid marriage. However, it must be proved that the man treated the woman as
his wife and recognized her as such with the intention and knowledge of giving her status of a
wife. Also, there has been conduct on his part amounting to acknowledgement of the legitimacy
of the child born after cohabitation. As a mere concubine, a woman has not status in Muslim law.

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