Family and Marriage Law

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.

Lunatics and minors who have not attained puberty may be validly married by their guardians. Under Muslim law, guardianship in marriage is known as jabar.

Under the sunni law, the order of guardianship for the purpose of marriage is as to father, paternal grandfather, brother and other relatives, in the same order as for inheritance, mother, other maternal relations and the last government. The father has a preferential right to contract his minor child into marriage.

Under the shia law, the only guardians recognised are father and paternal grandfather.

The right to custody of a male child (till the age of 7 years; in case of shia) is 2 years and of a female child (till she attains puberty; in case of shia, it is 7 years) belongs in the first place to the mother. Mother's right to custody is known as hizanat.

The right of the mother to the custody of a minor child is forfeited if she marries another man. Therefore, the custody belongs to the father, unless her remarriage is dissolved by death or divorce.

The mother has the right to custody of her children up to the ages specified in each school of Muslims, irrespective of the fact whether the child is legitimate or illegitimate.

The mother has the right of custody so long as she is not disqualified. This right of hizanat can be enforced against the father or any other person.

Under the sunni law for the mother, the right to the custody of a male child is till the age of seven years and that of a female child is till she attains the age of puberty.

Under the shia law, the mother is entitled to the custody of a female child till the age of seven years.

Under Section 112 of the Evidence Act, if a child is born within 280 days after the dissolution of a valid marriage, it is CONCLUSIVE proof of the child's legitimacy. Section 112 creates a strong presumption - conclusive evidence means it cannot be rebutted even by proving no access between the parents. The 280-day period (approximately 9 months and 10 days) covers the full normal gestation period plus a buffer, ensuring that children born shortly after marriage dissolution are protected by this conclusive presumption of legitimacy.