Write a short note on Ijab-e-Qabool under Muslim Law.
Find the question and answer of Muslim Law only on Legal Bites.
Question: Write a short note on Ijab-e-Qabool under Muslim Law. Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on Ijab-e-Qabool under Muslim Law.] Answer 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. There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or...
Question: Write a short note on Ijab-e-Qabool under Muslim Law.
Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on Ijab-e-Qabool under Muslim Law.]
Answer
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. There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of the other party. A Muslim marriage requires a proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting. Moreover, the proposal and acceptance must both be expressed at one meeting.
In the case of Khazi Mohd. Abbas Ali v. Andhra Pradesh Wakf Board, AIR 1979 A.P. 116, the High Court opined that marriage under Muslim Law is a contract where only requirement is that persons entering into marriage should consent to such marriage in presence of witnesses and Kazi's presence is must at marriage ceremony and other religious ceremonies.
The acceptance must correspond to what is being offered. Under Sunni law, it is necessary that the acceptance and proposal must be made in the presence of two male or one male and two female witnesses who must be adult, sane, and Muslim whereas in Shia Law witnesses are not required at the time of marriage instead they need them at the time of dissolution of marriage.
A woman is in purdah, it is customary to send a relation of the woman to her, inside the house accompanied by two witnesses. The relation asks the girl within the hearing of the witnesses whether she authorizes him to agree to the marriage on her behalf for the dower money offered by the husband. If she says yes or signifies her assent or expressed consent by some other method, then this matter goes’ to Qazi and Qazi reads some portion of the Quran and in this way, marriage is completed.
Such an acceptance can only be done by a mature and sound Muslim woman. The offer and acceptance are permanent and certain. If anything in the contract indicates something of a temporary and uncertain nature, the marriage is invalid.
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