A marriage performed between the parties having full capacity to marry with all the necessary formalities is a valid marriage. Here, the words “capacity” is used in a wide sense, which includes all the legal requirements of a valid marriage. If the marriage is sahih, then, all the consequences of a valid marriage flow from it. The legal effects of a valid marriage are:
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(i) The parties to the marriage acquire the status of husband and wife thereby sexual intercourse between the two becomes legal.
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(ii) The mutual rights of inheritance are conferred on the parties.
(iii) The wife acquires the right of maintenance, dower and lodgement.
(iv) The marriage imposes an obligation on the wife to be faithful and obedient to her husband and admit him to sexual intercourse.
(v) On the dissolution of marriage, either due to divorce, or death, the husband cannot marry the wife’s sister.
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(vi) The marriage subjects the wife to the husband’s power of restraining her movement, that is to say, the husband can prohibit her from going out and appearing in public. But this power of the husband is subject to the contract to the contrary.
(vii) It confers on the husband the power of reasonable chastisement and correction when she is disobedient or rebellious.
(viii) It confers the status of legitimacy on the children.
(ix) In addition to these, other rights and obligations may also arise as agreed upon the marriage contract.
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Under Muslim law, the wife’s sect or school does not undergo a change on marriage. Nor does a marriage confer any right or power on each other’s property.