Introduction
Contract - An agreement which is binding and enforceable could be a legal contract, during a valid contract, both parties are legally bound by the contract. According to Section 2 (h) of the Contract Act, “an agreement enforceable by law could be a contract.”
This means that a contract is deemed to be controlled if it's enforceable by law. it's a contract which will be executed by any party to the contract. If one amongst the parties refuses to meet the contract, the opposite party can bring an action before a court of law against that party. To be enforceable by statute, an agreement must include a number of the essential elements of a legal contract as commenced in section 10.
According to Section 10, “all agreements are contracts if they're made by the free consent of parties, competent to contract, for a lawful consideration and with a lawful object and aren't hereby expressly declared to be void.”
Where applicable, the agreement must fits the provisions of the law for the written attestation or registration. Essentials of Valid Contract are -
• Offers and Acceptance
• Legal Relationship
• Lawful Consideration
• Capacity of Parties
• Free Consent
• Lawful Objects
• Writing and Registration
• Certainty
• Possibility of Performance
• Not Expressly Declared Void
Muslim Marriage Law
Marriage under Muslim law could be a legal agreement or a civil contract between a bride and a groom and is a component of Islamic marriage. The term 'Nikah' is employed for the wedding of the Muslims, which suggests “contract.” Nikah is an Arabic term. The definition of nikah is that the physical relationship between a girl and a person. The 'Quran' refers on to marriage as “Mithaqun Ghalithun,” which implies “solid agreement.” This agreement involves marital rights and responsibilities between a person and a girl. Marriage under Muslim law is distinct from other civil marriages. this is often not a spiritual ceremony completed by a bride and a groom, but a contract that establishes marital duties between a person and a lady.
Nikah isn't only a wedding contract but also a scheme granting a dignified independent status to married women. It says that, in a very marriage, the husband must pay or comply with pay anything to the wife as an indication of respect for her. It prohibits unrestricted polygamy and limits it to four wives at a time. From time to time, Muslim marriage has been described as a contract. in step with Hedaya, Marriage (Nikah) could be a basic contract used for the legalization of kids.
The requirements of a Muslim marriage are almost adequate a civil contract. There are few comparisons between a Muslim marriage and a contract. Proposal and acceptance: a wedding proposal, referred to as the "Ijab" for marriage and therefore the acceptance of the "Qubool" proposal, is required. this could be drained the presence of two witnesses and a “maulvi” (Muslim priest).
Witness may be two males or one male and one female. it's the identical because the terms of the Indian Contract Act, 1872, where a contract may be an agreement; an agreement is a commitment and a commitment is an approved proposal. Any agreement must therefore have a proposal on the one hand and its approval on the opposite.
A person's capacity to contract marriage: The second requirement for this kind of marriage to be fulfilled is that the parties must be adults and have a sound mind. the wedding of minors can only be performed with the permission of their guardians. even as within the case of a contract entered into by a guardian, on reaching a majority, in Muslim law, a wedding contract are often put aside by a minor on reaching the puberty age.
As per section 11 of the Indian Contract Act, 1872, only certain individuals who are major and of a sound mind are often parties to the contract.
Free consent: every marriage is legal provided that the parties have free consent. As marriage requires a proposal “Ijab” from one party and approval “Qubul” from the opposite, so does the contract. Furthermore, marriage cannot occur without free consent and such consent mustn't be gained through fraud, force, or undue influence.
Discharge: Muslim marriage offers discharge from marriage by its various sorts of divorce (Talaq) like Talaq-ul-Bidaat, Talaq-ul-Sunnat, Khula, etc. Sections 37, 39, 62, 63, 64, and 67 of the Indian Contract Act of 1872 started out the procedures for the Discharge of the contract.
The parties to a Muslim marriage can enter into any pre-nuptial or post-nuptial contract that's enforceable by law, on condition that it's fair and not contrary to the policy of Islam. As within the case of a contract. The provisions of the wedding contract can even be modified under legal bounds to satisfy legal issues.
Conclusion
That marriage under sharia law could be a legal contract since it fulfills the fundamental provisions of the contract, e.g. offer and approval, consideration (where desire and appreciation from the opposite party are treated as consideration), and free consent. "Marriage between the Muslims isn't a sacrament, but a civil contract" And, on the opposite hand, from an Islamic religious point of view, marriage could be a devotional act and because the role of marriage in Islam is additionally represented by the Quran, marriage could be a "sacred covenant" which indicates that the Quran says marriage may be a "holy agreement"
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