Marriage of Nikkah is the most important instituion in Islam. There are three types of Marriages in Islam;
- Valid or Sahih
- Irregular or Fasid
- Void or Batil
Valid Muslim Marriage
According to Hanfi jurists Muslim Marriage can be three types. In case marriage is free from all sort of defects and infirmity, perfect in every respect and absolutely valid, it is called Saheeh. It conforms with all the requirements laid down by the Shara for the marriage;
- The existence of proposal and acceptance
- Presence of the witnesses
- A competency to the contract of marriage
- Fitness for marriage
Void and Irregular Muslim Marriage
A marriage in which there is a deviation, howsoever, trivial or slight, from the rules of Sharia is not altogether nugatory. These defective marriages are classified into the two categories. In case the defect is of a radical and serious nature the marriage may be nugatory and voic ab initio. So to say in the eye of law it is no marriage at all. Such marriage called Batil or void marriage. Irregular or vicious or fasid marriage is one which is neither perfectly valid nor altogether void. In such case the irregularity or defect in the marriage is not fatal to its existence and marriage of suck kind called fasid or defective marriage.
Instances of Valid, Void and Irregular Marriages
- A marriage without witnesses is irregular marriage.
- Fifth marriage of Muslim in presence of four wives is also irregular.
- Second marriage by Muslim female in presence of first Nikkah is void.
- Marriage with women undergoing Iddat is also irregular.
- A marriage prohibited by reason of difference of religion is irregular.