Muslim Personal Law: Marriage and Dower Concepts

In Muslim law, marriage (nikah) is defined to be a contract. It contains all the essential elements of a contract. Both parties must be of sound mind. There should be an offer (ijab) and an acceptance (qubul) by or on behalf of the parties.

This is the correct answer.

Offer of marriage through letter by H is a valid offer. H posted a letter in which a proposal for marriage was offered to W. Where the parties are in different cities, a letter is a valid mode for sending an offer. The presence of witness is necessary while accepting an offer. As W receives the messenger and reads the letter in the presence of two witnesses and declares her acceptance to the offer in their presence, it reveals a valid offer.

Fosterage is not an essential element of a marriage under Muslim law. Marriage by reason of fosterage is void under Muslim law.

All of the above are the effects of a void marriage.

Usually, dower is fixed in terms of money. It may as well be any type of property (mal).

There are many conditions which may not be stipulated in nikahnama. Such as, an agreement to future maintenance or future separation.

Specified dower is fixed by the mutual agreement of the parties.

A mutta marriage is for a fixed specified period. Thus, a mutta marriage cannot be dissolved by divorce.

None of the above is correct regarding mutta marriage.

Prompt dower (marjjal) is payable immediately when the marriage takes place. It must be paid on demand, unless the delay is stipulated for.

A claim of dower arises on the confirmation of dower which takes place on valid requirement or on the death of either party. No such provision is there in Muslim law that dower is payable on divorce.

If nothing is said about the dower at the time of marriage or even when the marriage was contracted on the express condition that the wife should not claim any dower, the wife is still entitled to the dower called proper dower.

A marriage with a woman who has a living husband and who has not been divorced by him is void. It is called bigamy.

Iddat is the period a woman must observe after the death of her spouse or after a divorce during which she may not marry another man. Its purpose is to ensure the male parentage of an offspring produced after the cessation of nikah.