• Verbal nikaah

I got verbally married in dubai with a girl. There were 2 male witnesses. 1. Girls brother in law 2. Qasi. My parents were not involved in the marriage. 

There's absolutely no written document or nikkahnama for this event. 

However, she's threatening me that she will file police complaint in dubai about harassment and missing. 

Please advise if she can file any complaints or FIR without nikkahnama or legal documents.
Asked 3 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Under Muslim Law the marriage contract is not required to be reduced in writing and an oral marriage is also valid.

 

2) Strictly speaking, under the Muslim law there is no requirement of a particular ceremony of solemnization but such ceremonies are not specifically barred as well. But there are some basic tenets of a complete matrimonial contract. This concept would include a proposal of marriage Ijab and the acceptance of the marriage which in technical term is called Qubul. These are the two basic concepts without which a marriage cannot be said to have been performed. The Ijab and Qubul i.e. offer and acceptance has to be reasonably certain for a completed transaction.

 

3) Such offer and acceptance i.e. Ijab and Qubul is required to be made in the presence and hearing of witnesses (shahadat) who must be Muslims and must be competent to contract their own marriages. The witnesses must hear the Ijab and Qubul with clarity. The Ijab and Qubul must be made in the same sitting (majlis-e-wahid) signifying continuity of transaction. If Ijab and Qubul are performed in a legal manner, marriage contract is said to be completed.

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Wife can file complaint that after marriage you have deserted her 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

When two adult male and female are living together as husband and wife there is presumption of marriage under Shariya, it is know as Khilwat Mubarak. She has all right  of wife against you. She can file written complaint abroad and also file crime and civil cases against you in India as Indian is applicable to Indian nationals through out world.  

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

The nature of marriage under Muslim law is the same as a civil contract.

It is entered into by both the parties by their free volition.

In its formation it also takes the form of contract as there is offer and acceptance between the parties, giving same right to husband and wife.

Essentials of Marriage

The essentials of a valid marriage are as follows:-
(i) There should be a proposal made by or on behalf of one of the parties to the marriage, and an acceptance of the proposal by or on behalf of the other party.
(ii) The proposal and acceptance must both be expressed at once meeting.
(iii) The parties must be competent.
(iv) There must be two male or one male & two female witnesses, who must be sane and adult Mahomedan present & hearing during the marriage proposal and acceptance.

v) Neither writing nor any religious ceremony is needed.

Essentials Explored
(i) A Muslim marriage requires proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting.
(ii) The acceptance must be corresponding to what is being offered.

iii) The marriage must be effectively immediate. If the Wali says I will marry her to you after two months, there is no marriage.
(iv) The two parties must be legally competent; i.e. they must be sane and adult.
(v) The women must not be from the forbidden class.
(vi) The consent given must be free consent,. It must not be an outcome of compulsion, duess, coercion or undue influence.

Under the Muslim law, a valid marriage is that which has been constituted in accordance with the essential conditions prescribed above.

It confers upon the wife; the right of dower, maintenance and residence, imposes on her obligation to be faithful and obedient to her husband, admit sexual intercourse with him & observe Iddat.

Registration of marriage in Muslims is compulsory and mandatory, as a Muslim marriage is treated as a civil contract. According to section 3 of Muslim Marriages Registration Act 1981- “Every marriage contracted between Muslims after the commencement of this Act, shall be registered as hereinafter provided, within thirty days from the conclusion of the Nikah Ceremony”. Nikahnama is a type of legal document in Muslim marriages which contains the essential conditions/details of the marriage.

 

In view of above, if your marriage with her had followed the prescribed procedures, she would be entitled to certain rights on you as your legally wedded wife.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations


Cruelty as a Matrimonial offence under Muslim Law:
Cruelty, in marital relationship, is a course of conduct of one spouse which adversely affecting the other. Cruelty may be mental or physical, intentional or unintentional. If it is physical, it is an issue of fact and degree.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

- Under Muslim Law the marriage contract is not required to be reduced in writing and an oral marriage is also valid.

- Since, the said marriage was solemnized in the presence of Qazi and witnesses as well , then that marriage is valid and legally she is your wife. 

- Further, for filing a complaint or case , marriage photograph is also admissible in the absence of Nikahnama. 

- However, if the said marriage is not consummated then it can be a ground for divorce. 

- Further, as per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

 

You can contact me, if further suggestion required. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If she can't prove the marriage as per Dubai laws then her actions will be void

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Dear client,  In Islam, nikah is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride.

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer