Law:

Section:

(a) Muhammadan Law---- --Marriage---Validity---Marriage contracted by a female without the consent of the Wali, in circumstances, was not invalid. Per Ihsan-ul-Haq Chaudhry, J.--- (b) Muhammadan Law----- ----Marriage ---Nikah is Sunnah of Holy Prophet in Islam. (c) Muhammadan Law----- ---Marriage---Dower is no consideration of marriage in Islam. The dower is no consideration of marriage in Islam. The theory that dower was a consideration for the marriage is otherwise falsified by three basic facts, namely:-- Firstly, the fixation of dower is not a necessary requirement of valid marriage and may not be in terms of money or shape of material things; secondly, the amount can be enhanced by mutual agreement and bride can forego the same; and lastly, but not least, dower can be deferred, which would be payable after death or dissolution of marriage, therefore this fact alone is sufficient to discard the view that dower is a consideration for marriage. (d) Muhammadan Law--- ----Marriage---View that marriage is simply a contract of sale purchase is not only inhuman but is most disgraceful and is completely in derogation to teachings of Islam. (e) Muhammadan Law--- ---- Marraige---No marriage without the consent of the female---Marriage forced on female is not a valid marriage in accordance with the Injunctions of Islam. (f) Muhammadan Law--- ----Marriage---Denouncement of marriage by female for want of her consent---If a female wanted to denounce her marriage for want of her consent, she has to do that within the shortest possible period from date of Nikah as option of puberty is exercised immediately on attaining puberty otherwise plea would be rendered doubtful by delay. (g) Muhammadan Law--- ----Marriage---Mode---Approved mode followed by Muslims was that man desirous of marrying a girl or woman would approach her father or the head of the family and after settling the dower the Nikah would be performed. (h) Islamic Jurisprudence---- ---- Injunctions of Islam ---Hadith which has been consistently repeated is to be accepted as correct. (i) Islamic Jurisprudence--- ---- Injunctions of Islam---Difference of opinion on the point amongst Aimma and Foqaha and no Qur'anic…

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