Can Muslim Women Do Court Marriage With Hindu Man
- lead India
- Mar 15, 2023
- 3 min read
The Special Marriage Act of 1954 as well as Hindu and Muslim law govern marriages between Hindu girls and Muslim boys. The customs and rites observed there determine the "religion" of the marriage.
A saptapadi ("seven steps") is essential for a Hindu marriage, although an Islamic wedding also requires a nikahnama, a qazi, and two witnesses. As a result, in accordance with the marriage's religion, each of them would be subject to the laws governing maintenance, divorce, inheritance, adoption, and succession.
According to the Ashtiname of Muhammad, a treaty between Muslims and Christians recorded between Muhammad and Saint Catherine's Monastery, the Christian spouse is not to be prevented from attending church for prayer and worship in the case of a Muslim-Christian marriage, which is to be contracted only after permission from the Christian party.
Interfaith marriages between Muslims and non-Muslims are frequent in some countries outside of the traditional dar al-Islam, including unions that defy the traditional Sunni view of ijm (the consensus of the fuqaha) regarding the limits of legality.
However, the tradition of reformist and progressive Islam allows for the union of Muslim women and men who are not Muslims. Islamic thinkers who hold this viewpoint include Khaleel Mohammed, Daayiee Abdullah, and Hassan Al-Turabi.
Marriage under Muslim Law:
If a Muslim girl and a Hindu boy were to get married under Muslim law, the Hindu boy would have to convert to Islam before the marriage could be solemnized because Islam does not accept marriages between Muslims and non-Muslims. Conversion is specifically addressed in Muslim law.
As with a contract, a Muslim marriage requires a proposal (Ijab) from one side and acceptance (Qubul) from the other. Additionally, the marriage permission must be given voluntarily and without compulsion, fraud, or undue influence.
Islam officially forbids Muslims from interacting with anyone who aren't Muslims, Christians, or Jews, it should be mentioned. As a result, while a marriage based on Hindu law would be recognized under the Special Marriage Act as being entirely lawful, it would not be recognized by Muslims and would be seen as an adulterous (and immoral) relationship.
Marriage under Special Marriage Act:
The Special Marriage Act would be the best option for both partners to use to legally register their marriage. Additionally, they are not compelled to convert in order to have a wedding done in accordance with their own religious ceremonies for their own satisfaction.
The Special Marriage Act of 1954 establishes a special type of marriage in specific
circumstances, allows for the registration of such and other weddings, and grants all Indian citizens who are wed under the Act the right to divorce.
If the following requirements are met at the time of the marriage, a marriage between any two people may be solemnized under this act:
· There is no living spouse for either party.
· Neither person is in a state of mind that would allow them to give the other their valid permission; or
· Has been experiencing a mental condition of a type or severity that makes them unsuited for marriage and childbearing, although being able to give legitimate consent; or
· Has experienced frequent sanity attack episodes
· The degree of the banned relationship does not apply to the parties:
· If a custom governing at least one of the parties permits a marriage between them, however, such marriage may be solemnized notwithstanding the fact that they are in a relationship that is prohibited; and
· Both parties must be Indian citizens who reside in the areas covered by this Act if the marriage is performed in the State of Jammu and Kashmir.
· The female is eighteen years old and the male has reached the age of twenty-one;
Islam officially forbids Muslims from interacting with anyone who isn’t Muslims, Christians, or Jews, it should be mentioned. Therefore, while a marriage in Hindu law would be entirely legal under the Special Marriage Act, it would not be recognized as legal under Muslim religious law and would be regarded an adulterous (or immoral) relationship.
Court marriage lawyers in Jaipur can be appointed if the couple lives in Jaipur. Court marriage lawyers in Lucknow can also be appointed if the couple lives in Lucknow. If the couple lives in Delhi then court marriage lawyer in Delhi can be appointed.
You can seek free legal advice from attorneys at Lead India. Moreover, you can ask a legal question to solve any legal query. Talk to a lawyer to get best advice.
SOURCE:-
Visit us: — https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: — https://www.facebook.com/leadindialaw
LinkedIn: — https://www.linkedin.com/company/76353439
Twitter: — https://twitter.com/leadindialaw
Pinterest: — https://in.pinterest.com/lawleadindia
Instagram: - https://www.instagram.com/leadindialawofficial
Court marriage lawyers in Jaipur can be appointed if the couple lives in Jaipur. Court marriage lawyers in Lucknow can also be appointed if the couple lives in Lucknow. If the couple lives in Delhi then court marriage lawyer in Delhi can be appointed.
AT LEAD INDIA