Legal Competency for Marriage: In an Islamic and Pakistan Law Perspective

Abstract

Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law defined the jurisprudential basis for marriage capacity and pended its determination on interpretation. It concerns gender, age, mental capacity, religion, relationship with each other, marital status, etc. The ultramodern way of life and the advancement of technological and scientific achievements have introduced alarming changes in family relationships also. Lack of a jurisprudential approach to marriage leads to imbalanced marriage contracts and results in disturbed marital life as well as for the children, the future generations. A jurisprudential approach to marriage contracts will resolve present contemporary issues such as child marriage, forced marriage, and polygamy. The current study looks at marriage competency through the lens of Islamic injunctions. It emphasizes the fundamental regulations governing the legality of marriage contract. This paper examines the legal capacity for marriage and outline the requirements for a marriage contract to achieve its true objectives. It also leads to increased success factors in marriage and fewer breakdowns in Pakistan. Furthermore, this study also analyzes the contemporary juridical approach to the marriage contract. It, finally, brings recommendations to review the marriage laws of Pakistan. This paper follows qualitative and descriptive research methodology along with an analytical research method.