Difference between Shia and Sunni Law of Marriage and Divorce

4. Under Sunni law, marriages may be void, or they may be irregular. The Shia law, however, does not recognise this distinction between void and irregular marriages. Under Shia law, a marriage is either valid or void. So, marriages which are merely irregular under Sunni law will be treated as void under Shia law.

5. As regards guardianship in marriage, Shia law recognises only the father and the paternal grand-father, how highsoever. Under the Sunni law, the list of guardians also includes the brother, mother etc.

6. Under the Sunni law, a marriage cannot be restricted in its duration. A Shia male can, on the other hand, contract a temporary marriage, called muta marriage.

Muslim Marrying under the Special Marriage Act:

If two Muslims marry under the Special Marriage Act, 1954, they would be governed by the law laid down in that Act, and not by the provisions.

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