(a)
effective and binding, is what is not subject to ratification of anyone, nor liable to rescission, in pursuance
of the provisions of this Act;
(b)
effective and not binding, is what is liable to rescission, by reason justified by this Act.
(c)
Non-effective, is what is concluded subject to ratification of whoever may have the right of
ratification.
Valid effective and binding marriage
57.
Valid effective and binding marriage shall entail, since its conclusion all its Sharia effects.
Valid non-effective marriage
58.(1) Valid non-effective marriage shall not entail any of the effects before ratification; and where ratified, it shall
be deemed as effective, of the time of contract.
(2) Where there occurs consummation in non-effective marriage, it shall have the rule of defective (Fasid)
marriage.
Two types of invalid marriage
59.
Invalid marriage is void, or defective.
Definition of void marriage
60.
Void marriage is the one, which one of its pillars or one of the conditions of validity of the pillar has
become defective.
Effect of void marriage
61.
Void marriage shall not entail any of the marriage effects.
Definition of defective (Fasid) marriage
62.
Defective (Fasid) marriage is what the pillars of which are satisfied, and one of its validity conditions has
become defective.
Effect of defective (Fasid) marriage
63.
Defective (Fasid) marriage shall not entail any effect, before consummation.
Effects of defective (Fasid) marriage after consummation
64.
The following effects shall be entailed by defective (Fasid) marriage: (a)
the lesser of the named, or like dowry becoming mandatory;
(b)
proof of affinity;
(c)
marriage becoming prohibited;
(d)
(l'dda) waiting period becoming mandatory.
Part V Effects of Marriage
Provisions of Maintenance, Obedience, Affinity and Custody Chapter I
Maintenance General Provisions
Maintenance contents
65.
Maintenance includes food, clothing, dwelling, medical treatment, and everything as the constituents of
human life may be achieved.
Maintenance assessment
66.
Due regard, in assessing maintenance, shall be given to affluence of the maintainer and economic status in
time and space.
Increasing and decreasing maintenance
67.(1) Maintenance may be increased, or decreased, following change of conditions.
(2)
There shall not heard the suit of increasing or decreasing before the lapse of six months of imposing
maintenance, save in exceptional circumstances.
(3)
There shall be decreed increasing or decreasing of maintenance, of the date of instituting the suit.
Precedence of continuous maintenance
68.
Continuous maintenance shall have precedence over all debts.
Branch I Marriage maintenance
Date of marriage maintenance becoming mandatory
69.
Marriage maintenance shall be mandatory on her husband as of the time of valid contract.
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