DIFFERENCE BETWEEN SHIA AND SUNNI LAWS OF MARRIAGE

The chief points of difference between Shia  and Sunni marriages are enumerated as follows :

Sunni Law

1. The proposal and acceptance need not be in any particular form.
2. Marriage under compulsion or without intention is valid, if made for suitable dower and to a man who is her equal. 
3. Two males or one male and two female witnesses are necessary for the validity of marriage.
4. Prohibition by affinity arises not only from marriage but also from illicit intercourse and any acts of undue familiarity or other act done with desire.
5. Prohibition against plurality and unlawful conjunction, subsists during Iddat for divorce, whether revocable or irrevocable. 
6. Mohammedan male may marry a non-Mohammedan Kitabia female.
7. Period of Iddat is 3 courses in the case of menstruating and 3 lunar months in the case of a non-menstruating wife.
8. Iddat of a woman, who is pregnant even if by Zina extends till delivery.
9. Iddat commences from the date of death or divorce, as the case may be, even though the wife may have no knowledge of it.
10. Fresh Iddat must be observed in the case of the deeath of the husband during the period in which the wife is observing Iddat even for irrevocable Talaq.
11. Marriage during pilgrimage ihram to Mecca is valid.
12. A marriage with a woman undergoing Iddat does not perpetually prohibit marriage between the parties.
13. Marriage contracted by a minor who has attained discretion is only irregular.
14. Temporary marriages are not permitted.
15. "Valid retirement" amounts to consummation for many purposes.
16. Where a woman, being of age contracts herself in marriage with a man who is not her equal ( ghayr kuf) without the consent of any of those male relations who would be entitled to be guardians of her marriage(wali) if she were a minor , the Court, on the application of such relations has the power to rescind the marriage. This is called doctrine of Kafaa (equality) . The following factors are necessary for determining equality:- a) Family b) Islam, c) Profession, d) Freedom, e) Good character and f) Means.

Shia Law

1. They must be made by use of the terms Tajweez of Nikah or their grammatical variations.
2. Marriage under compulsion or without intention is void, if made for suitable dower and to a man who is her equal.
3. No witnesses are necessary.
4. Illicit intercourse before marriage would create prohibition but no after that. Other acts by sight or touch would not create prohibition.
5. Iddat subsists for those prohibitions only in the case of revocable divorce.
6. Neither a male nor a female can marry a non-Mohammedan ( even a Kitabia) except  in teh Muta form.
7. The period is 3 Tuhrs in the case of menstruating and 78 days in the case of a non-menstruating wife.
8. If pregnancy is by Zina and Talaq is pronounced, the period of Iddat is only 3 months and is not extended till delivery.
9. In the case of death in the absence of wife's knowledge. Iddat commences when she receives the news of death. In the case of divorce, If the wife does not know the exact time of divorce, Iddat would commence from the time when tidings reach her.
10. No fresh Iddat is necessary in a case in which wife is observing Iddat for irrevocable Talaq.
11. Marriage during pilgrimage while in pilgrim's dress ( Ihram) is prohibited.
12. If cohabitiation is done during Iddat with the knowledge of the prohibition, marriage between the paties is perpetually prohibited.
13. All acts before puberty and discretion are void.
14. Temporary marriages ( Muta) are permitted.
15. "Valid retirements" is nto recognized as a substitute for consummation.