Oral Traditions, Marriage, and Registration under Islamic Law
As a major religion, Islam was promulgated by Prophet Mohammed in the 7thcentury AD. Literally, Islam means ‘surrender’ in Arabic. It implies that man must surrender to the will of God completely. For the same reason, Islamic law is considered as a complete code for living a spiritual and social life that regulates an individual’s relationship with others and the society as a whole.
Classical Islamic Law on Oral Marriage
In Islamic law, marriage is a civil contract in which a wife has to be given a dowry by the husband. In return, a husband gains 'ownership' of her. Classical law had recognized oral marriage as perfectly valid.
Pre-requisites for a Valid ‘Marriage’ Contract under Islamic Law
For the ‘contract’ to be legally valid, there are two pre requisites.
1. Both parties must be mature.
2. Both parties must be free to act.
Child Marriage and Consummation
Across communities, child marriage was a common practice in Islam. Marriage was considered as an alliance between suitable families regardless of the age of the bride or the bridegroom. Regarding the age of the parties, the Hadiths in Islam states that the Prophet Mohammed consummated his marriage with Aisha when she was nine years old. Modern scholars refute this theory. Therefore, it is unclear as to whether there is a consensus about Aisha’s real age at the time of consummation of her marriage.
Also, the second prerequisite stating ‘free to act’ is most valid. This is because it shows that Islamic law gave man and woman equal right to decide whether to go ahead with the marriage. There is no discriminaton based on gender.
Registration of Muslim Marriages under Special Marriage Act
In India, registration of Muslim marriages is regulated by statutes such as the Muslim Marriage Restrictions Act of 1981. Muslims in India can register their marriage through the Special Marriage Act of 1954, particularly if they want to opt out of the ambit of their personal laws in favor of a more secular body of personals laws, while remaining Muslims by faith.
However, except in the state of Jammu and Kashmir, registration of Muslim marriages is not mandatory in any part of India as non-registration does not have any legal implications.
With regard to oral marriage, recent instances of misuse of this clause to marry of young girls to rich foreigners in parts of Kerala has lead to stricter regulations (certificate from concerned govt authority) at least for obtaining family visas to move abroad.
I liked the term, Islam means ‘surrender’ in Arabic
Objectivity is another topic of debate for which the individual has to be objective in approach. Right now, that itself becomes debatable, isn't it?
@Swapna: haha, i know I have this image of feeling very strong about Islam, which is, actually, a good image to have, but most of the times when I speak on religious matters is when I know some wrong information is being dispensed. There is one Aiyat in Quran that says that always verify the source of information before spreading it....I just swear by that...
"Regarding the age of the parties, the Hadiths in Islam states that the Prophet Mohammed consummated his marriage with Aisha when she was nine years old" I would like to know the Hadith that states this. untill ofcourse you use the net to get that for me. You know how internet works, i can SEO wrong information and make it come on top, leaving an impression thats its all so genuine.
Just because to be objective one needs to state both the sides, it's not necessary to use unverified information as the counter point and be called Objective...sometimes subjectivity, a perceived by others, may be the only objective view..but then that are my thoughts. I know people wont agree with this OBJECTIVE idea. :(
There is no confusion regarding Aisha's age until of course you give more weightage to non-credible sources. She was 19 not 9, may be the writers missed the digits at the 'tens'.
It can be proved if we review the timing of Battle of Uhud. Aisha was an active part of this. Prophet Mohammad (pbh)sent back all young boys stating their age as the reason for ineligibility. Now just THINK, why will a Prophet allow a young girl then, that too juvenile, to participate in the war?????
As the law itself states that the party should be mature, the Prophet surely would not have done that..don't you agree? and he did not...their marriage happened when Bibi Aisha (PBH)was 15, a legal age that even Indian Laws had for some time. Check this out: http://en.wikipedia.org/wiki/Marriageable_age ......simply Control F and type 15 and see how many countries follow that even today.
My humble request: Please refer to credible sources..As this is a platform where LAW is being discussed, wrong information can mar its CREDIBILITY.
well yeah, for the sake of debating, yes ;)
Good to have your feedback, Hammad.
Speaking for what I personally know, LIG takes great pride in being able to cover issues objectively, never taking side with any existing religious prejudices. All articles are based on research. All facets of an issue are explored, particularly how practices impact the society. Nothing in this article attacks the dignity or integrity of the Prophet as there is no intention to do so. LIG is secular and aims to honor all beliefs and steers clear from any prejudices or bias against any community including thhose who believe in Islam.
In fact, Muslims across the world have written to compliment us for our objective coverage of Islamic law. This article states at the outset that it is unclear as to whether there is a consensus about Aisha’s real age at the time of consummation of her marriage. Citing only one source on any topic gives a one sided perspective, which we don't endorse, which is why the article explains there are different perspectives to the issue.
Based on your suggestion, we can do an exclusive post on Aisha's age if you can write on it, without being subjective. Not binding but this is just a suggestion if you feel strongly that the article does not reflect the truth as you believe it to be.
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