Multiple choice

In which of the following case, the High Court held that “the presence of Qazi is not necessary at the time of marriage ceremony under the Muslim law”?

  1. Qazi Mohd. Najmuddin Husain Vs. State of A.P.

  2. Mohd. Yunus Vs. Malooki

  3. Shamim Ara Vs. state of U.P.

  4. Bai,Tahira Vs. Ali Hussain

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

In Mohd. Yunus Vs. Malooki, the High Court held that the presence of a Qazi (Islamic religious officiant) is not essential for the validity of a Muslim marriage ceremony. Under Muslim personal law, marriage is essentially a contract between parties, and the key requirements are offer and acceptance (ijab and qabul) in the presence of witnesses. While traditionally a Qazi solemnized marriages, his absence does not invalidate the marriage if the essential contractual elements are present.