Irregular Marriage

Definition
An irregular (fasid ) marriage would, therefore mean neither strictly an irregular marriage nor an
invalid one but a marriage that is disruptive or disturbance of the orderly society as ordained in
the matter by God. A Fasid marriage may be terminated by either party at any time; neither
divorce nor the intervention of a court is necessary. One of them may say I have relinquished
you" and the unholy alliance ends. If there has been consummation, the wife is entitled to dower
(Mahar), proper or specified, whichever is lesser and she must observe Iddat for three courses.
While between the wife and husband no right of inheritance is created, the issues are entitled to
share of inheritance. An irregular marriage is a defective marriage, but the defect is not so
fundamental that it can turn the marriage into a void one.

The following marriages have been considered to be irregular under the Muslim Law:

Absence of Witnesses
A marriage contracted without the required and necessary number of witnesses is included in
irregular marriage. A major portion of the Muslim world considers presence of witnesses
important but their absence merely makes a marriage irregular which can be regularized later on.

Prophet (Salalahu alehe wasalum) said

Announce Your Marriages

The Muslim marriage law in Pakistan does not specify any number and qualification of
witnesses. Generally, the witnesses should be Muslims.

Number of Wives
A Muslim may have four wives at the same time, but not more. If he marries a fifth wife the
marriage is not void, but merely irregular. If he wants to have fifth wife then he has to divorce
one of his four wives .Quran says

"Marry of the women, who seem good to you, two or three or four; and if ye fear that ye
cannot do justice (to so many) then one (only) or (the captives) that your right hands
possess."(4:3)

This verse plainly allows a man to have up to four wives.

Difference of Religion
As regard the difference in religion, a man can marry any Kitabia Woman but a woman cannot
marry anyone except a Muslim. In plain words, a Muslim cannot marry an idolatress or a fire-
worshipper. But if Hindu women enter in Islam then their marriage will be valid. According to
Quranic Injunction a Muslim woman cannot even marry a kitabia man.

Allah says: Do not marry idolatresses (al mushrikat) till they believe; and certainly a
believing maid is better than an idolatress even though she would please you; and do not
marry idolaters (al Mushrikin) till they believe (hata yuminu), and certainly a believing
slave is better than an idolater, even though he would please you. These invite to the Fire,
and Allah invites to the Garden and to forgiveness by His grace, and makes clear His
revelations to mankind so that they may remember.Quran 2:221.

Marriage with woman undergoing Iddat

A marriage with a woman before completion of her iddat is irregular, not void. The Lahore High
Court at one time treated such marriages as void. but in later decision held that such a marriage is
irregular and the children legitimate. Iddat described as the period during which it is incumbent
upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion
and to abstain from marrying another husband.

Unlawful Conjunction
A marriage is disregard of the prohibition about unlawful conjunction. For instance, when a man
marriage with the sister of his wife.

Marriage is also irregular in some other circumstances as follows

Marriage with triple divorce. For example a marriage with triple divorced wife without an
intervening marriage.

A marriage with a woman without the consent of her guardian when such consent is considered
necessary

Legal Effects of Irregular marriages

As to legitimacy of issue: If any child is born that will be treated legitimate.
As to dower: If consummation takes place then the full dower or fixed dower whichever less
shall have to be paid.
As to validity of sexual cohabitation: Sexual cohabitation is not valid.
As to inheritance: No mutual right to inheritance arises if anyone of them dies.
As to maintenance: No right to maintenance arises.
The wife is bound to observe Iddat if the dissolution lakes place after consummation.
Prohibition on account of affinity is established only after consummation.
It should be noted that marriages that are fasid void sunni law are void under Shia law.

Valid marriage
Valid marriage is that which is absolutely in accordance with the law and is not tainted with any
defect whatsoever.

Effects of Valid Marriage

The wife is entitled to maintenance,

The wife is entitled to dower which was agreed between the parties at the time of
the marriage or subsequently. If no dower was fixed then she becomes entitled to
Mehr Mithal, i.e Proper Dower.

The parties are entitled to the company of each other and to have sexual intercourse with due
regard to health, decency, time and place.

It creates between each one of them and certain relatives of the other partner a prohibited degree
of relationship.

The legitimacy of the issue of the union is assumed unless repudiated by Lion before a court of
competent jurisdiction.

The husband can guide the movements of the wife and exercise a reasonable control over her
activities.

Polygamy
If a man has more than one wife at the same time, this is called polygamy . Under Islamic marital
jurisprudence, Muslim men are allowed to practice polygamy that is, they can have more than
one wife at the same time, up to a total of four. Marriage from multiple women in Islam might
not be allowed for those who might result in damaging the society with their marriage by
bringing more illiterate, poor, and in many cases starving children to the society.

"Ye are never able to be fair and just as between women, even if it is your ardent desire:
But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the
air). If ye come to a friendly understanding, and practise self- restraint, God is Oft-
forgiving, Most Merciful." Here we clearly see that Allah Almighty tells men that they will
never be fair to their wives.

The Muslim Family Laws Ordinance, 1961 instituted some limited reforms in the law relating
to polygamy, with the introduction of the requirement that the husband must submit an
application and pay a fee to the local Union Council inorder to obtain prior written permission
for contracting a polygamous marriage. The application must state the reasons for the proposed
marriage and indicate whether the applicant has obtained the consent of the existing wife or
wives. The chairman of the Union Council forms Arbitration Council with representatives of the
existing wife or wives and the applicant in order to determine the necessity of the proposed
marriage. The penalty for contracting a polygamous marriage without prior permission is that the
husband must immediately pay the entire dower to the existing wife or wives as well as being
subject to a fine of Rs.5000/- or imprisonment of one year; any polygamous marriage contracted
without the Union Councils approval cannot be registered under the MFLO.

Muta
Under Shia law a marriage which is temporary called muta. The word muta literally means
enjoyment. This type of marriage is contracted only for the sake of pleasure and it is also for a
specified period only. Muta marriage is contracted on two conditions: first, the settlement of the
period of marriage which may range from one day to several years and secondly, the fixation of
the amount of mehr of the two conditions, the settlement of the period of marriage appears to be
more important because a muta marriage remains valid if its period has been settled despite the
fixation of the amount of Mehr.

The following are the essential features of a muta marriage:

Muta is a temporary form of marital contract which continues for a limited period of time.

Muta marriage is dissolved at the expiry of the time limit.

The principle of offer of the proposal and its acceptance in the same sitting also holds good in the

muta type of marriage.

The amount of Mehr (dower) is settled and specified in the contract of muta. On expiry of the

specified time the wife gets the same. She may also receive the same just after the marriage.

The woman cannot marry any non-Muslim, while the Muslim male may marry a Christian, a

Jew or a Parsee woman.

The muta marriage is prevalent among the Shias only. The ladies of higher class do not contract

muta marriage. It is quite unpopular and has been called as anachronism in marriage.