Marriage in Islam: A Civil Contract or a Sacrosanct?

Abstract

Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Courts in the Sub-continent since 1886 have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines the various cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage is highlighted are also discussed. Moreover, it examines the place of marriage from an Islamic perspective.

Keywords: marriage in Islam, civil contract, sacrosanct, anglo-Indian judges, mohamedan law, Islamic law