1. Under the Sunni law, a marriage contracted in the absence of witnesses is invalid. Under the Shia law, the presence of witnesses is not necessary.
2. A Sunni Muslim can marry not only a Muslim woman, but also a Kitabia i.e. a Jewess or a Christian. However, under Shia law, a marriage between a Muslim male and a non-Muslim female is unlawful and void.
3. A Sunni Muslim cannot marry his wife’s aunt or his wife’s niece (on the ground of unlawful conjunction). However, a Shia Muslim can marry his wife’s aunt; he can even marry his wife’s niece, but only with his wife’s permission.
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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:
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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.
