FOURTH SCHEDULE (ISLAMIC FAMILY ENACTMENT 1979

ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

FOURTH SCHEDULE

(Section 9)

INVALID MARRIAGE

A marriage not in compliance with the canons and conditions as listed below is invalid and shall not be registerable under this Enactment-

1. Canons of marriage

(a) a male as a prospective groom;

(b) a female as a prospective bride;

(d) two just witnesses; and

(e) ijab and kabul.

Conditions

(i) in respect of prospective groom-

(a) a Muslim;

(b) is not in the state of ikhram haji or umrah;

(d) does not already have four wives;

(e) he volunteers and consents to the marriage and was not forced; and

(f) a male and not a khunsa musykil.

(ii) in respect of prospective bride-

(a) a Muslim or if a Kitabiyah subject to certain conditions;

(b) a definite female;

(d) not a wife of someone and not in the iddah of someone; and

(e) not in the state of ikhram haji or umrah.

(iii) Conditions of a Wali-

(a) a Muslim;

(b) a male;

(d) a free person;

(e) volunteers and consents to be a Wali;

(j) not in the state of ikhram haji or umrah;

(g) not a fasik; and

(h) mentally competent.

(iv) Degree of priority of Wali-

(a) natural father;

(b) paternal grandfather howhighsoevel:

(d) male consanguine relations;

(e) lineal nephew;

(f) collateral nephew;

(g) paternal lineal uncle;

(h) paternal consanguine unc1e;

(i) male cousin, the son of paternal lineal uncle howlowsoever;

(j) male cousin, the son of paternal consanguine uncle howlowsoever;

(k) paternal lineal granduncle;

(l) paternal consanguine granduncle;

(m) son of paternal lineal granduncle;

(n) son of paternal consanguine granduncle howlowsoever;

(o) paternal uncle of lineal grandfather;

(p) paternal uncle or consanguine grandfather;

(q) son of paternal uncle of lineal grandfather howlowsoever;

(r) son of paternal uncle of consanguine grandfather howlowsoever;

(s) muktiq;

(t) all asobah of a muktiq;

(u) Raja

(v) Consent of the prospective bride to the Wali-

The female to be married shall give her prior consent to the Wall:

(a) mandatory consent if she is a divorcee or if she is a virgin the Wali is not the natural guardian; or

(b) commendatory consent if she is a virgin and if the Wali is a natural guardian.

(vi) The causes that led to the shifting of authority to marry from wali akrab to wali ab'ad-

(a) wali akrab has not attained the age of akil baligh;

(b) wali akrab is insane;

(d) wali akrab is a fasik;

(e) wali akrab is mentally defective;

(f) wali akrab is not of the same religion as the

prospective bride; or

(g) wali akrab is dead.

(vii) The causes that led to the shifting of authority to marry from wali khas to wali am-

(a) in the absence of wali nasab altogether;

(b) wali nasab is 2 marhalah or more away;

(c) the wali akrab is lost without any news of his whereabout and without anv news whether he is still living or dead after a iong absence, or had joined a war or was involved in a sea or air accident or was defeated by the enemies and if not already sentenced to death by any kadi and if he was sentenced to death, his authority is wali ab'ad and not wali Raja;

(d) wali akrab refuses to be the wali and was convicted for that refusal by the Kadi;

(e) wali akrab is on ikhram haji or umrah; or

(f) wali akrab himself is the one to be married to the prospective bride.

3. Conditions relating to Witnesses-

(i) the number shall not be less than two persons;

(ii) he shall be a Muslim;

(iii) he is rational;

(iv) he shall have reached the age of akil baligh;

(v) he shall be a male;

(vi) if a slave, on becoming free;

(vii) he shall be able to hear, see and converse;

(viii) shall be able to comprehend the content of sighah ijab

and kabul; and

(ix) he is just.

4. (1) Sighah ijab-

(i) shall contain a lafaz tazwij or nikah or a translation of the two in whatever language; and

(ii) may be either by the wali personally or his representative.

(2) Sighah kabul-

(i) may be either by the male personally or by his representative on completion of sighah ijab; and

(ii) shall be made without any intervention of any foreign expression.