Marriage between Hindu girl and Muslim boy
Marriage between a Hindu girl and a Muslim boy is governed under the Hindu law, Muslim Law and Special Marriage Act, 1954.
The "religion" of the marriage is ascertained by the customs and ceremonies performed therein. A saptapadi ("seven steps") are crucial for a Hindu marriage, while a nikahnama along with a qazi and two witnesses, among other things, hold importance in an Islamic wedding. Consequently, either of them would be bound by the laws relating to maintenance, divorce, inheritance, adoption and succession according to the religion of marriage.
Under Muslim LawIn the event of Marriage between a Muslim boy and a Hindu girl under the Muslim law, The Hindu girl will need to convert to Islam for solemnization of the marriage. Muslim law contains specific provisions for conversion.
A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover, the consent to marriage must be free of coercion, fraud or undue influence.
Under the Hindu lawHindu law does not contain any specific provisions for conversion, only ceremonies like Namakarana Samskaras where an individual adopts traditional Hindu name or Yajna is held. Religious organization Arya Samaj, also offers service for procedural conversion to Hinduism.
The Muslim boy could convert to Hinduism and solemnise the marriage according to Hindu rites, which will bring it within the purview of the Hindu Marriage Act.
Under Special Marriage Act, 1954The most ideal way would be for both partners to get their marriage registered under the Special Marriage Act. They can also have a wedding performed according to their own religious rites, for their own satisfaction and no conversions are required.
The Special Marriage Act, 1954 provides for a special form of marriage in certain cases and for the registration of such and certain other marriages and also for divorce available to all citizens of India married under the Act.
A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: –
- Neither party has a spouse living:
- Neither party is capable of giving the valid consent to it in consequence of unsoundness of mind; or
- though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children: or
- has been subject to recurrent attacks of in sanity
- the male has completed age of 21 years and female the age of eighteen years;
- The parties are not within the degrees of prohibited relationship:
- Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship; and
- Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends}.
It should be noted that Islam expressly forbids Muslims from people who aren't Muslims, Christians or Jews. So while a marriage according to Hindu law would be a perfectly valid marriage under Special Marriage Act, but it would not be considered under the Muslim religious code and would be deemed to be an adulterous (and sinful) relationship.
This is why generally in the case of marriage between a Muslim and a Non – Muslim, one of the partners is a practicing Muslim and the other is of a non-Abrahamic faith.
These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.
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