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A
Muslim marriage requires proposal (Ijab) from one party and
acceptance (Qubul) from the other as is required for a contract.
Moreover there can be no marriage without free consent and such
consent should not be obtained by means of coercion, fraud or
undue influence.
Just
as in case of contract, entered by a guardian, on attaining
majority, so can a marriage contract in Muslim Law, be set aside
by a minor on attaining the age of puberty.
The
parties to a Muslim marriage may enter into any ante-nuptial
or postnuptial agreement which is enforceable by law provided
it is reasonable and not opposed to the policy of Islam. Same
is the case with a contract.
The terms of a marriage contract may also be altered within
legal limits to suit individual cases.
Although
discouraged both by the holy Quran and Hadith, yet like any
other contract, there is also provision for the breach of marriage
contract.
REQUIREMENTS
The solomonisation
of marriage requires adherence to certain forms and formulas. They
are called the essentials of a valid marriage. If any of these requirements
is not fulfilled the marriage becomes either void or irregular,
as the case may be. Thus the essentials are as follows:
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