Muslim Marriage

Question 1

Who has the right to contract to give a minor in marriage

Answer 1

In ascending order/ successively-
a father
b paternal grandfather how high soever
c brother or other aur other mail relatives of fatherside in order of inheritance as per the table of residuaries
d mother
e maternal uncle and aunt
f state

Question 2

What is the guardianship in marriage in Shia law

Answer 2

Only two people father and grandfather how high so ever

Question 3

What is option of puberty

Answer 3

Where in the marriage was contracted of a minor by a guardian then he or she has a right of repudiating a ratifying the marriage on attaining puberty this right is called as option of puberty

Question 4

Name the four types of legal disabilities in Muslim marriage

Answer 4

Absolute in capacity - void marriage- batil
or relative in capacity- invalid marriage faasid
or prohibitory in capacity - void batil
directly incapacity - invalid fasid

Question 5

How does absolute in capacity arises

Answer 5

A consenguinity - when two people who have same ancestors marry that is our descendants of the same and sisters
B affinity marrying in close relation
c fostorage when breastfeed by the lady other than mother marrying the children of that lady since they are your Foster cousins

Question 6

List of relations that consequenity bars

Answer 6

Mother or grandmother
daughter or granddaughter/
Sister weather full or consanguine or uterine
Niece grand niece
Aunt or grat aunt aunt here means father sister mother sister

Question 7

What is meant by consenguinity

Answer 7

Those who have common father

Question 8

Mushaarat

Answer 8

Affinity

Question 9

Qurrabat

Answer 9

Consenguinity

Question 10

Riza

Answer 10

Fosterage

Question 11

Shia law does not provide any exceptions to faster edge or consequenity

Question 12

List of relative in capacities

Answer 12

Unlawful conjunction
polygamy or marrying a 5th wife
absence of proper witnesses
difference of religion or
a woman undergoing iddat

Question 13

Shia cannot marry

Answer 13

Non Muslim, kitabia, fire worshipper but in Mutha marriage they can Maria kitabia or Fireworshipper

Question 14

Sunni male can marry

Answer 14

Kitabia that is Jewish, Christian Muslim but cannot marry a fire worshipped or an ideoltress

Question 15

Duration of iddat widow

Answer 15

4 months 10 days

Question 16

Duration of iddat of pregnant

Answer 16

Till the delivery or miscarriage if delivery or miscarriage comes before 4 months and 10 days the remaining period will have to be observed that is the remaining period of 5 months

Question 17

Duration of iddat of talak

Answer 17

Three menstrual courses of a woman
otherwise three lunar months of a woman who is not subject to menstruation
if pregnant women till her delivery

Question 18

In case of an irregular marriage the wife is not found to observe iddat