Islamic Law: Classifications of an Islamic Marriage

In Islamic law, marriage can be classified into being valid, void and irregular. As laypersons, people conjure up a many misconceptions about Islamic marriages. This discussion is an attempt to throw light on these concepts through accurate information based on various classifications of Islamic marriages.

Islamic Law: Valid Marriage

Under Islamic law, a marriage is treated as valid when both the parties observe mutual obligations towards each other. These include wife’s cohabitation with the husband and he should maintain her. Their children would be legitimate and can inherit their property upon their deaths. If the husband dies or divorces her, the wife must observe iddat as per the contract.

A valid Islamic marriage must:

• have contractual capacity.
• have conclusion of contract.
• be devoid of prohibited degrees of relationship.
• be devoid of certain irregularities.

Islamic Law: Void Marriage

Islamic law renders any void marriage as ‘concubinage’. Any issues (children) arising out of such a marriage are illegitimate.

For a marriage to be considered void, it must:

• be devoid of contractual capacity.
• have taken place without the contract.
• have crossed prohibited degrees of relationship.

Islamic Law: Irregular Marriage

According to Islamic law, a marriage is irregular if either party disqualifies on certain specific parameters. For instance, if a man has four wives and he marries a fifth woman, then the marriage would be irregular. This is because the Islamic law does not allow a Muslim man to have more than four wives.

However, if the marriage has got consummated, then it will not be regarded as invalid. All the issues (children) arising out of such a marriage are considered legitimate. Upon the husband’s death, the fifth wife has to undergo iddat for three months only. She can also claim her dower but cannot inherit any share from the deceased husband’s property. However, the Shia school of Islamic law treats the fifth marriage as void.