Sahih (Valid)

Perfectly legal from inception.

Cohabitation is lawful; children are legitimate; mutual inheritance rights arise; Dower becomes payable.

A marriage where all essential conditions (Capacity, Ijab-o-Qubul, Witnesses, Consent) are met.

Batil (Void)

Unlawful from the very beginning.

Creates no civil rights or obligations. Children are illegitimate. No right to Dower or inheritance.

Marrying someone within prohibited degrees (e.g., sister or mother).

Fasid (Irregular)

Suffers from a temporary or remediable defect.

Before consummation: No legal effect. After consummation: Children are legitimate, wife gets Dower, but no mutual inheritance.

Marrying a 5th wife, or a Sunni marriage without witnesses.

Marriage Witnesses

Essential: 2 males (or 1 male and 2 females) must be present at the time of marriage.

Not essential at the time of marriage.

Muta (Temporary) Marriage

Strictly Void (Batil). Not recognized.

Legally recognized.

Talaq (Divorce)

Witnesses are not required for pronouncement.

Strictly requires the presence of 2 competent witnesses.

Maintenance of Relatives

Liability falls on the father. If he is poor, it falls on the mother, then the paternal grandfather.

Liability is shared. If the father is poor, liability falls jointly on the mother and the paternal grandfather.

Wife’s Right (Arrears)

A wife cannot claim past arrears of maintenance unless it was fixed by a prior agreement or court order.

A wife can claim arrears of maintenance even if there was no prior agreement or court order.

Mother’s Right to Custody

Male child: Until the age of 7.

Female child: Until puberty.

Male child: Until weaning (approx. 2 years).

Female child: Until the age of 7.

After Mother’s Right Ends

Custody reverts to the Father.

Custody reverts to the Father.

Loss of Hizanat

Mother loses custody if she marries a “stranger” (a person outside the prohibited degrees to the child).

Mother loses custody if she marries any person.

Operation

Operates Inter Vivos (between living persons). Takes effect immediately upon delivery.

Operates Testamentary (takes effect only after the testator’s death).

Extent of Property

A person can legally gift their entire (100%) property during their lifetime.

A person can legally bequeath only up to 1/3rd of their total net estate.

Revocability

Extremely difficult to revoke once possession is delivered (usually requires a Court Decree).

Highly ambulatory; can be revoked by the testator at any time before death.

Bequest to a Legal Heir

Completely invalid unless the other legal heirs give their consent after the testator’s death.

Valid up to 1/3rd without the consent of other heirs. Consent is only needed for the excess.

Timing of Heirs’ Consent

Heirs must give their consent after the testator dies.

Heirs can give their consent either before or after the testator dies.

Suicide of Testator

If a person makes a Will and then commits suicide, the Will remains valid.

If a person does an act of suicide and then makes a Will, the Will is void.