Family law
Marriage
law, court marriage, Muslim Family Law, and its various obligations will be
discussed herein in detail.
Family law
covers and regulates the relationship of marriage, dower, and its various
kinds, divorce (dissolution of marriage), child custody, and maintenance.
As common law is enacted to protect the citizens of a country. That no person snatches or sabotages property, honors, or hurts a person physically. The progress of a nation rest until the writ of law and state remain intact. When the basic unit of society and state is safe and in a state of peace, the family and nation survive. Similarly, family laws protect families at a large level.
Marriage law:-
Marriage law
protects the rights of the couple who constitute the basis of a family. Family
laws prescribe, render and cede the responsibilities of the couple in all
situations. Family laws include domestic and family affairs and also guide the
family members on how to deal with and treat each other?
As and when
the family courts Act 1964 was enacted, family matters were now addressed
properly and all the issues of the women and children were solved according to
the vested rights of these entities.
Ordinary
civil courts now a day can’t provide relief to women and children. An ideal
family couple is rare to find in our society.
For the said purpose family courts were established in the whole
country. Need to develop such a family.
Islam describes the duties and rights of both members who constitute the family.
Islam recommends the union of two people bride and groom by their consent. Following certain restrictions. Islam allowed polygyny subject to some precautions which should be observed strictly. This whole system is organized to purify the soul of a human being. This isn’t lusting for satisfaction, but avoiding the impunity of society and the upcoming generation.
The silence
of the bride is considered her consent.
It is necessary and mandatory. In Islamic law, marriage is endorsed when
the consent of the Vali is regarded. Otherwise, it isn’t proper and acceptable
at large. Though the marriage contract remains valid. One thing is also
valuable as an adult woman enters into a marriage contract without the consent
of Vali.
Here the age restriction must also be appropriately addressed.
Age restriction: -
According to
this, the groom must attain the age of 18 years and the bride must be 16 years
and observe puberty. The consent is
acceptable verbal or on paper, then it is valid and legal. After this certain
responsibilities must be carried out.
Family law
protects both people if violations occur during or after the marriage
contract is tied.
Registration of marriage:-
The Muslim family laws ordinance 1961 introduced some valuable reforms, according to the ordinance marriage must be registered at the village union council. If this process is not carried out and the Islamic injunction is fulfilled, the marriage is legal and valid.
Dower:-
Family law also endorses the validity of the dower. As and when both people agreed upon a marriage contract at that time it is mandatory to specify the dower. It should be in the shape of jewelry, a house, land, or cash and must be paid for by the groom to the bride. That payment or possession becomes her property.
The inheritance of a spouse is quite different from this one.
This specified dower is further sub-classified into prompt dower and deferred dower. The groom is legally and by the virtues of Islamic teaching bound to pay immediately.
Prompt dower:-
The prompt
dower must be paid by the groom before the marriage is consummated. Otherwise,
the bride has the right to go to court for the degree for payment and she can
also refuse to live with the husband.
Deferred dower:-
this kind of dower is payable at the time of divorce (dissolution of marriage) or on the death of the husband.
