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Marriage
like any other contract is constituted by ijab-o-qabool, that
is by declaration and acceptance. One party to the marriage
must make an offer (Ijab) to the other party. The marriage becomes
complete only when the other party has accepted the offer.
According to Muslim Law it is absolutely necessary that a man
or someone on his behalf and the woman or someone on her behalf
should agree to the marriage at one meeting and the agreement
should be witnessed by two adult witnesses.
The Words conveying proposal and acceptance must be uttered
in each other's presence or in the presence of their agents,
who are called Vakil's.
The other condition for a valid marriage is that the transaction
must be completed at one meeting. A proposal made at one meeting
and an acceptance at another meeting do not constitute a valid
marriage.
There must be reciprocity between offer and acceptance. The
acceptance must not be conditional Under the Sunni
Law, the proposal and acceptance must be made in presence of
two males or one male and two female witnesses who are sane,
adult and Muslim. Under Shia Law, witnesses are not necessary
at the time of marriage. They are required at the time of dissolution
of marriage.
The parties contracting
marriage must be acting under their free will and consent.
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