Muslim man's wedding void if woman fails to convert, says HC

[EjazR]

This will open a can of worms.

I have friends who are married to hindu / christian ladies and vice versa who follow their respective religions.

Will this mean their marriages are annulled ? This has implications on issues like property, children and so many more issues.

It depends on whether they were married under Special Marriage act or not and whether they have been falsely married as second or third wives or not. If its their only marriage then it doesn't matter

 

[MastanKhan]

What is wrong with our courts??? What if the women do not want to convert and still want to marry a muslim...May be i misunderstood the judgement however what will happen to such a case as per this judgement???

Hi,

Actually the honorable court has passed a classical judgement---it is a masterpiece. It is a slap on the face of debauchery and deceit of that man.

I believe that the judges ruled so severely due to the fact that the man already had a wife and three children---.

 

[kugga]

Whatever may the constitution say Islam does not allow marrying a hindu girl and vice versa..... so if a muslim marries a hindu girl his marriage totally void as per Islam whatever he may say or whatever the constituion state.....this Islam and you just have two choices Accept or deny as this is clearly stated in Quran..

 

[Skeptic]

I find the judgment reasonable. Since Muslim Personal Law are based on basic tenets of Islam which prohibits a Muslim from marrying a non - mislim (or non Ahle-kitaab as I am aware). So if a person is not following the Islamic laws how can he marry under it? It (the judgment) would be farcical in absence of an alternate method; which does exist. He can choose to get married under Special marriage act instead. By marrying under this act other rules applicable under Muslim personal law ex. 3 Talak and polygamy etc, will also not be applicable.

If a person is secular enough to marry outside religion, he should have no qualms to marriage not being conducted under the religious laws, which would be equally offending for the partner as well (who follows another religion). Atleast from legal perspective, they will be recognized and valid - Within India and Abroad.

 

[TopCat]

What is wrong with our courts??? What if the women do not want to convert and still want to marry a muslim...May be i misunderstood the judgement however what will happen to such a case as per this judgement???

Marriage is something holy and religious thing. She could just live together or become a legal couple and I think Indian legal system must have that provision.

 

[third eye]

Marriage is something holy and religious thing. She could just live together or become a legal couple and I think Indian legal system must have that provision.

Well said !

I feel if a couple choses to get married in court & not by Muslim/ Hindu/ sikh or any other rites religion becomes irrelevant.

 

[Speaker]

I think it is time to deal with this situation in general. The Indian government needs to be working towards the systematic abolition of polygamy, at least for any future occurences. This has to be done across religions, because this practice is prevalent among many Hindus and Adivasis as well. In my opinion, such customs don't have a place in today's world, and we need a law which makes us progress towards becoming more modern.

It is my understanding that Muslims had this as a provision during the times of tribes and tribal warfare. So if any particular tribe suffered many casualties in a war, and had more women than men left, a man can marry and care for more than one woman. It is important to note that the man had to show that he was willing and able to care for them equally, emotionally as well as monetarily. Anyway, that was in the past and now our country had more men than women, so no point in using that provision. I agree that the Quran should not be modified, but the Indian law can be made above all religions, if we want to call ourselves secular. The same applies to banning all other outdated practices across religions. Religion belongs to your home and heart, and maybe for community gatherings, not for running the country. In matters of conflict, a uniform law has to take precedence.

 

[asq]

What you describe is the position in Pakistan and Bangladesh under the Muslim Family Laws Ordinance, 1961, which requires an application before an Arbitration council, giving reasons and consent of the first wife.

This is not the position under Indian law. Under Indian law, a Muslim man can marry another wife without giving any reason and without any consent of the previous wife/wives.

Than my friend Indian law is not representing Islamic law, as it is misrepresentation of Islamic law.

 

[Skeptic]

Than my friend Indian law is not representing Islamic law, as it is misrepresentation of Islamic law.

My dear friend - read this Going for Second Marriage: Do I Need Wife’s Permission?
http://www.islamawareness.net/Marriage/fatwa_06.html

Maybe muslim personal law is not following Pakistani laws - but defenitely following Islamic laws.

 

[Hyde]

Zaki Bhai, what has rape go to do with the topic under discussion? Anywho, rapists deserve a thousand lashes and a horrible death!

So, tell me, do you consider all marriages before the advent of Islam as illegal/void? All that procreation which gave birth to our ancestors was a sin?

Yaar i try to refrain posting in religious threads and people keep dragging me into these discussions

@ Your question

I am talking about Muslims only and the Deen-e-Islam of Prophet Muhammad (PBUH) when he came 1400+ years ago. There is a verse in the Holy Qur'an that declared marriages invalid for the Musilms if married anywhere else but Muslims or the peoples given a book (Christians / Jews). Anything before Islam was valid or invalid considering the laws of that time.

I would say Muslim man is a KEY that can only unlock the doors of Muslims or the peoples given a book. If you use the same key to unlock another door the door won't be opened as the key is invalid. You may open the door by using tricks like a thief but in reality its not the original key for the door and wouldn't be considered lawful in the eyes of Islam. I hope you can understand what this means

 

[A.R.]

every one here is discussing about religion here....
no one had taken care of the woman who had suffered from this dicision..
what would be her condition... as she has to leave her husband because of religion

religion was once started so that it can show true path... now it is ruining the persons life....

i dont think it is wise decision for indians itself..

 

[A.R.]

every one here is discussing about religion here....
no one had taken care of the woman who had suffered from this dicision..
what would be her condition... as she has to leave her husband because of religion

religion was once started so that it can show true path... now it is ruining the persons life....

i dont think it is wise decision for indians itself..

 

[The Patriot]

As some verses referred to people of the book, I just wonder Hindus can also be people of the book, as they have very ancient and divine kind of sacred books. During prophet time nobody in Arabia knew about it, most probably, so they only interpreted it to be jews and christians. Its just my half baked theory.

As islam says God had sent prophets everywhere, so may be those who wrote these scriptures were prophets too. Quran refers only to those who were in Mid East or more accurately Abrahamic.

Could anyone enlighten us on this.

 

[dabong1]

Soembody correct me..... but did imam hassan not have a hindu wife?

 

[Ahmad]

Soembody correct me..... but did imam hassan not have a hindu wife?

No i dont think so, he didnt have a hindo wife.