File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Validity of Inter-Religious Marriage under Muslim law in India

The Muslim law of the Sunni sect as to marriage between a and a non-Muslim has been summarised in Mulla's Principles of Mahomedan Law, thus:
1. A Mahomedan male may contract a valid marriage not only with a Mahomedan woman, but also with a Kitabia, that is, Jewess or a Christian, but not with an idolatress or a fire-worshipper. A marriage, however, with an idolatress or a fireworshipper, is not void, but merely irregular.

2. A Mahomedan woman cannot contract a valid marriage except with a Mahomedan. She cannot contract a valid marriage even with a Kitabia, that is, a Christian or a Jew. A marriage, however, with a non-Muslim, whether he is Kitabi, that is a Christian or a Jew, or a non-Kitabi, that is an idolator or a fire-worshipper, is irregular, not void.

The Shia Law, however, does not recognise the distinction Between irregular and void marriages. According to that law, a marriage is either valid or void and marriages that are irregular under the Sunni Law are void under the Shia Law. But even under the Sunni Law, an irregular marriage, even though not void, has various evil consequences. Such marriages are terminable at will by either party, and do not create mutual rights of inheritance between the spouses.

Now, permitting a Muslim male to contract a valid marriage with a Kitabia female while rendering a marriage between a Muslim female and Kitabia male irregular is patently discriminatory against a Muslim female on the ground of sex alone.

According to Sir Abdur Rahim, this distinction is drawn between the case of a Muslim man and Muslim woman, because if a Muslim woman were allowed to marry a Christian or a Jew, there would be likelihood of her being converted to the faith of her husband, while there could be little apprehension of a husband, adopting the faith of his Christian or Jewess wife.

But, however reasoned, if at all, the distinction might otherwise be, the resulting discrimination would not cease to be on the ground of sex alone to attract the injunction of Art. 15 of the Constitution.

For More Details on Muslim Law and Muslim Marriage and Divorce Law. Consult Adv.T.Choudhury at ph no: 09650499965

Also check:
Mutual Divorce in India
Divorce Lawyers in India
Family Laws in India

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution

Titile

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly