ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
FOURTH SCHEDULE
(Section 17)
VOID MARRIAGES
A marriage which does not comply with the rukun and conditions listed below shall be void and shall not be registered under this
Enactment-
1. Rukun-
(a) a male who is the prospective husband (Alzaujun).
(b) a female who is the prospective wife (Alzaujah).
(c) Wali who is just.
(d) two witnesses who are just.
(e) ijab and kabul (offer and acceptance).
2. Conditions-
(a) Conditions required of the prospective husband-
(i) a Muslim.
(ii) not within ihram haji or umrah .
(iii) a specific man (taayin).
(iv) not having four wives.
(v) voluntarily and not under duress.
(vi) a man and not khunsa musykil.
(b) Conditions required of the prospective wife-
(i) a Muslim.
(ii) a specific woman (taayin).
(iii) not a muhrim to the prospective husband.
(iv) not a wife to another person and not within the period of edah in connection with that person.
(v) not within ihramhaji or umrah.
(c) Conditions required of wali-
(i) a Muslim.
(ii) a man .
(iii) baligh.
(iv) voluntarily and not under duress.
(v) not within ihram haji or umrah.
(vi) not fasik.
(vii) of sound mind.
(d) List of priority of a wali order of priority-
(i) natural father.
(ii) paternal grandfather and above.
(iii) brother of the same father and mother.
(iv) brother of the same father.
(v) nephew of the same father and mother and below.
(vi) nephew of the same father and below.
(vii) paternal uncle of the same father and mother.
(viii) paternal uncle of the same father.
(ix) son of paternal uncle of the same father and mother and below.
(x) son of paternal uncle of the same father and below.
(xi) paternal granduncle of the same father and mother.
(xii) paternal granduncle of the same father.
(xiii) son of paternal granduncle of the same father and mother.
(xiv) son of paternal granduncle of the same father and below.
(xv) great granduncle of the same father and mother.
(xvi) great granduncle of the same father.
(xvii) son of granduncle of the same father and mother and below.
(xviii) son of granduncle of the same father and below.
(xix) Sultan (wali raja).
(e) Permission of a woman to be married to her wali-
A woman who is to be married should first give permission to her wali:
(i) Izin Wajib if she is a divorcee or anak dara whose wali is not mujbir.
(ii) izin sunat if she is an anak dara and her wali is mujbir.
(f) Reasons for transfer of perwalian nikah to wali abaad-
(i) wali akrab has not attained baligh.
(ii) wali akrab is mad.
(iii) wali akrab is fasik.
(iv) wali akrab is of unsound mind.
(v) wali akrab is of different religion with the woman.
(vi) wali akrab is dead.
(g) Reasons for transfer of perwalian khassah to perwalian ammah (wali raja)-
(i) when wali nasab is not available.
(ii) wali nasab lives two marhalah (60 miles) or more.
(iii) absence of wali akrab that his whereabout is unknown and it is not known whether he is alive or dead either because he had gone to war or due to an accident or was captured by the enemy or any other cause, and no order of presumption of his death has been made by any Qadhi; of such an order has been made his perwalian shall be wali abaad and not wali raja:
(iv) wali akrab refuses to be wali and the Qadhi is satisfied therewith.
(v) wali akrab is within ihram haji or umrah.
(vi) wali akrab himself is about to be married to the woman concerned.
3. Conditions required of witnesses-
(a) witnesses must not be less than two persons.
(b) witnesses must be muslims.
(c) witnesses must be persons of sound mind.
(d) witnesses must be baligh.
(e) witnesses must be male.
(f) witnesses must be persons who can hear, see and speak.
(g) witnesses must understand the requirements of sighah ijab and qabul.
(h) witnesses must be just.
4. (a) sighah ijab-
(i) for sighah ijab the lafaz tazwij or nikah or the translation of both in whatever language shall be used.
(ii) lafaz ijab may be made by the wali himself or his representative.
(b) sighah qabul-
is an acceptance from the man himself or his representatives after sighah ijab (offer) without the insertion of any foreign words or undue delay.