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.