Marriage between Hindu girl and Muslim boy

हिंदी में पढ़ें
June 20, 2019
By Advocate Chikirsha Mohanty



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") is 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.
 

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Under Muslim Law

In 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 the 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 law

Hindu 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.
 

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Under Special Marriage Act, 1954

The 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 the 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 a citizen of India domiciled in the territories to which this Act extends}.

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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 valid under the Muslim religious code and would be deemed to be an adulterous (or sinful) relationship.



 

These guides are not legal advice, nor a substitute for a lawyer
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Very nice article. Can you please share the law governing hindu-muslim divorce?

Kartik on Oct 04, 2020
M
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what is the procedure to register a hindu-muslim marriage?

Mamta on Sep 08, 2020
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Can you please share about divorce between hindu girl and muslim boy?

Swapna on Oct 15, 2020
V
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Good article on marriage of hindu and muslim. Also tell about other religions.

Venkatesh on Oct 17, 2020
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Please tell rights of muslim girl in marriage

Nandini on Sep 20, 2020
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Gave a clear understanding about my legal issue.

Adarsh on Sep 23, 2020
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thanks for the info. How can we contact a lawyer?

Abhijeet on Oct 18, 2020
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amazing article

Rahul on Sep 30, 2020
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helpful in understanding the law

Sandip on Sep 20, 2020
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thanks for the information

Bharat on Sep 16, 2020
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Nicely written article. Very comprehensive.

Shubham on Oct 03, 2020
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good article. Can you give some more detail on the issue.

Mohan on Sep 06, 2020
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nice article. Thanks for the information

Suman on Oct 14, 2020
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good work. Keep it up

Swati on Sep 27, 2020
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good advice. Who can I contact for my legal issue?

Ashwini on Oct 07, 2020
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Very informative and a good read as well.

Manjunath on Sep 03, 2020
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its very helpful on the subject

Kavitha on Oct 02, 2020
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who can I contact for my legal case?

Sourav on Oct 02, 2020
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very well written

Anurag on Sep 20, 2020
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thanks for the advice

Abhijit on Oct 16, 2020

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