It is essential to the validity of a marriage that 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 female witnesses, who must be sane and adult Muslim. The proposal and acceptance must both be expressed at one meeting; a proposal made at one meeting and acceptance made at another meeting does not constitute a valid Muslim marriage. Neither writing nor any religious ceremony is essential.
Capacity for marriage/eligibility for marriage
Followings are the essentials of Muslim Marriage/Nikkah
Every Muslim of sound ind who has attained puberty, may benter into a contract of marriage (Puberty means age when person become adult).
Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians.
A marriage of a Muslim who is of sound mind and has attained puberty, is void, if it is brought about without his consent. Puberty is presumed, in the absence of evidence, on completion of the age of sixteen years in case of female and eighteen years for female.
Consent of parties is absolutely necessary especially Islam lay emphasis on the consent of women. And adult female may engage in the contract, without her guardian’s consent. A woman who is an adult, and of sound mind, may be married by virtue of her own consent although the contract may not have been made or acceded to by her guardians.
The manner and form in which a marriage is to be solemnized is unambiguously decreed in Islam. The particular characteristic of Nikkah is that it is performed publicly in the present of witnesses and ijab-o-kabool has to be ascertained by the Nikah Khawan and brought to the notice all present for their information.