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

[asq]

My dear friend - read this Going for Second Marriage: Do I Need Wife’s Permission?
Second Marriage: Does one need to tell the first wife

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

your interpretation is based on your deductions, but the link u gave clrealy stipulates that it is a solumn affair meaning truth based, read on, there are conditions to be met, I wonder what would those be, would those be to ask an Indian, no it is to honor first wife and her rights of those of ability to give birth, ability to bring up childernin an Islamic way and if the man wants to marry for pleasure than it is not allowed, read and understand the real meanings, treating both wifes equaly is the main reason that no one can do it so a second marriage is out of question, so these guys do it for lust and hide it under islamic laws. opertive word is."and he can treat both wives in a just manner",

In Islam, marriage is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. Though Islam permits man to have more than a wife, it stipulates that certain conditions are to be met in this regard, for Islam’s main focus is on building a stable marital life.

Answering your question, Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, states:

“If a man is able to take a second wife, physically and financially, and he can treat both wives in a just manner, and he wants to, then he is allowed to do so according to Islam. Allah says, “Then marry (other) women of your choice, two or three, or four.” (An-Nisa’: 3)

 

[Skeptic]

your interpretation is based on your deductions, but the link u gave clrealy stipulates that it is a solumn affair meaning truth based, read on, there are conditions to be met, I wonder what would those be, would those be to ask an Indian, no it is to honor first wife and her rights of those of ability to give birth, ability to bring up childernin an Islamic way and if the man wants to marry for pleasure than it is not allowed, read and understand the real meanings, treating both wifes equaly is the main reason that no one can do it so a second marriage is out of question, so these guys do it for lust and hide it under islamic laws. opertive word is."and he can treat both wives in a just manner",

In Islam, marriage is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. Though Islam permits man to have more than a wife, it stipulates that certain conditions are to be met in this regard, for Islam’s main focus is on building a stable marital life.

Answering your question, Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, states:

“If a man is able to take a second wife, physically and financially, and he can treat both wives in a just manner, and he wants to, then he is allowed to do so according to Islam. Allah says, “Then marry (other) women of your choice, two or three, or four.” (An-Nisa’: 3)

And continues:

It is not obligatory for the husband, if he wants to take a second wife, to have the consent of his first wife, but it is good manners and kindness to deal with her in such a manner that will minimize the hurt feelings such thing might produce

And

Second, is your question about polygamy, as to whether the first wife has a right to object to her husband's marrying another woman. According to scholars, the Shari`ah does not require the husband to get the consent of the first wife for a second marriage.

 

[asq]

Ah but he is supose to be fair and reasonable in doing this thing of such magnitude and be able to treat both equaly, how can a man trea ttwo wives equaly when first one I am sure will if asked any time will say no when he marries a second wife he is not treating me equal.

Now comming to Holy quran it is a book of revalation fronAllmighty to Mankind and need to be appliedwholy and not partially foryour benefits.

And Holy book explain in each and every chapter that no matter what one must be truth full, have merci and be not selfish or not be in greed and do things that are hurtfull to others. even in War Allah S.W.T. has said things that are of great merci such as when Muslims are at war they shall not kill innocnet, childern, women. old folks and do not cut the trees.

Why i mentioned the above is to show you what is the massage to all mankind.

And the massage is that of merci and of truthfullness and of considerations for even enemies.

So why than Allah S,.W, T. will let a man motivated by lust and and by satanic desires be allowed to do such thing to his own wife and childern.

The only time, if the man is true Muslim will marry if his first wife cannot bear childern and is not capable making him happy due to some medical problem or if there are wars and men are not avaible.

Other wise using Islam to satisfy lust is not allowed. remeber I said it is based on very honest, decent and fair acts that make u Muslim.

 

[fallstuff]

Religous issues aside the guy is a pure loser. He dumps his wife and three kids. He then pursues this young girl to quench his carnal thirst. To me it is not important that she is a Hindu girl. He probably ruined her life too. Authorities should kick his butt into jail at least for not taking care of the first wife and the kids.

For hurting the young girl, castration comes to my mind.

 

[Hyde]

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

No he did not have a Hindu wife..............................

 

[SMC]

Easy solution - don't marry. Shoot two birds with one arrow.

 

[raleigh22]

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

Well I found several sources online, which concur with my view.

Going for Second Marriage: Do I Need Wife’s Permission?
Wife's Permission for Second Marriage
Taking a second wife
Validity of marrying a second wife for mere love and without consent of first wife


In fact it is Pakistani law which is a modification of the general rule, adding extra requirements. The Indian law on this point is unchanged Islamic law.
Of course, the Pakistani law does give greater protection to the first wife. But you should note that any suggestion of change in marriage law has always been met by protests in India and the refrain that Sharia cannot be modified.

It is also interesting to note, that while Pakistan brought in many welcome changes to family laws for Muslims, the Hindu law in Pakistan is based on customary law, which is quite discriminatory towards women.
Indian Hindu law though was vastly modified from the 1950s onwards. Unfortunately, I don't see Muslim law in India changing soon.

 

[toxic_pus]

The judgment is 'under correction'.

eLegalix

 

[raleigh22]

The judgment is 'under correction'.

eLegalix

Link doesn't work
Try this
CRIMINAL MISC. WRIT PETITION No. - 6169 of 2010 at Allahabad : Dilbar Habib Siddiqui Vs. State Of U.P. & Others

 

[asq]

self delete

 

[asq]

self delete

 

[asq]

Circumcism is a scientifical proved method for aviodance of many deceases.

Those who are making mockery, little they know about the facts.

YouTube - © Lets Not Ask Non-Muslims About Muslim Women Khalid Yasin!

Read some scientifical evidance of circumcision.

Circumcision Benefits - benefits outweigh the risks

 

[billi]

its true that circumcision reduces the risk of STD. but religion should not have anything to do with it

 

[asq]

its true that circumcision reduces the risk of STD. but religion should not have anything to do with it

Religion if applied the way it was meant, it is to bring peace, justuice and goodness in human lives.

 

[Awesome]

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

ALLAHABAD: The Allahabad High Court has held that a Muslim man's marriage to a woman of another religion shall be considered void and against the tenets of Islam if he fails to get her converted to the religion before wedlock.

In its order, a division bench comprising Justices Vinod Prasad and Rajesh Chandra also ruled that remarriage of a Muslim man shall be held void if he abandons his first wife without divorcing her and fails to treat children born of the marriage in a fair and just manner.

The order was passed on Monday when the bench dismissed a writ petition of one Dilbar Habib Siddiqui, a resident of Allahabad, who had married a Hindu girl named Khushboo on December 29, last year.

Siddiqui had moved the court with the plea to quash the FIR lodged against him by Khushboo's mother Sunita Jaiswal alleging that he had kidnapped her daughter, a minor at that time, and had compelled her to marry him.

Refuting the charges levelled against him in the FIR, Siddiqui produced a copy of Khushboo's high school certificate to prove that she was a major at the time of marriage and her (Khushboo's) representations to higher authorities, upon learning about the FIR, that the marriage was a result of mutual consent.

While holding that having more than one wife is permissible under Islam, the court, however, took strong note of the fact that before tying the knot with Khushboo, Siddiqui had not disclosed to her that he was already married and was the father of three children.

His first wife had appeared before the court during the course of the hearing and alleged that Siddiqui had abandoned her and their three children, compelling them to "live like destitutes".

The court noted that Siddiqui "albeit married, had deceived Khushboo Jaiswal, who did not intimate us that she was in the knowledge of the petitioner's first marriage".

"For a valid Muslim marriage, both the spouses have to be Muslim. In the present writ petition, this condition is not satisfied", the court remarked and quoted from a verse in the Holy Quran which says, "Do not marry unbelieving women until they believe... Nor marry your girls to unbelievers until they believe".

Besides, the petitioner's marriage to Khushboo without divorcing his first wife and not dealing with his three children in a fair and just manner was "against the tenets of the Holy Quran" and hence "cannot be legally sanctified", the court said.

The bench quoted the following verse from the holy book while making the above observation - "Marry woman of your choice, two, three or four; But if you fear that you shall not be able to deal justly (with them), then only one... that would be more suitable to prevent you from doing injustice".

Dismissing the petition, the court directed that investigations in the impugned FIR be conducted expeditiously and authorities of the Nari Niketan, where Khushboo is currently housed, hand her over to her parents.


Muslim man's wedding void if woman fails to convert, says HC - India - The Times of India

I disagree with the decision only because its being given by a court of law and not an interpretation of law.

Muslim law clearly states you cannot marry a non-Muslim. The right to marry a Christian is an exception which has some more conditions placed upon you, so its not very practical. It's an exception to the norm sort of thing.

But the age old adage, that "Jab mian biwi raazi toh kya karega kaazi?" applies here. If the husband doesn't care about Muslim technicalities let him proceed with a civil marriage. The court is wrong here.

But if they are insisting that there should be some sort of Islamic acceptance of them (like in the community, or if obtain Islamic papers of marriage), then they are wrong.