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

[A.R.]

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

 

[Kompromat]

Muslims are only allowed to marry Christian and Jewish Girls without getting them converted if they dont wish to convert, so marrying a girl from a pagan religion is not valid in the first place.

 

[deckingraj]

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

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???

 

[Raghu]

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

The honorable HC has to pass judgment according to the guidelines of Muslim personal law of India which in turn is fully based tenets of Sharia laws. And Sharia laws forbid marriage to non Muslims until they convert to Islam.

 

[mjnaushad]

Muslims can marry Muslims, Christian, and Jews...............

End of story.

 

[graphican]

Noup! In my understanding Muslims can merry anybody who is following the book of God, let that be Quraan, Anjeel, Zaboor and Torait. (Christians, Jews or the followers of Prophet Daud) Muslim Men can merry women of these religions but Muslim women have to merry a Muslim Man.

 

[Solomon2]

I know Muslim men are allowed to marry Christian or Jewish women without compelling them to convert. This case is about a Muslim man marrying a Hindu woman. That's not permitted, it seems. Yet in the article the judge appears to expand the rule to include ALL women, no matter what the religion.

This seems unlikely. Sloppy reporting is more probable.

 

[Aslan]

@ Raghu


I guess it would be better that if you would re evaluate your statement, and see who had made the decision. And if Islam dont allow such an engagement, then so be it. Who the hell are you to challenge the authority of my religion based on the nonsense understanding of yours. I would advise you to be more careful when making such statements about any religion, and furthermore try to have some understanding on the matter that you are trying to pass out a judgement on with no knowledge about it at the first place.

 

[Aslan]

I know Muslim men are allowed to marry Christian or Jewish women without compelling them to convert. This case is about a Muslim man marrying a Hindu woman. That's not permitted, it seems. Yet in the article the judge appears to expand the rule to include ALL women, no matter what the religion.

This seems unlikely. Sloppy reporting is more probable.

Very true! The article is nothing more then just trying to mix all in one blender and then trying to show it to every one that see what a mess it is. In Islam it is allowed to marry only the women of Jewish and Christian faith. As you your self mentioned.

 

[Aslan]

And Sharia laws forbid marriage to non Muslims until they convert to Islam.

This is what I call sticking ones nose where it dont belong, a Muslim man can marry a Christian and a Jewish women with out converting them.

 

[KS]

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

What was that Judge thinking while saying so..?
or this is just another TOI crap..?

 

[Raghu]

This is what I call sticking ones nose where it dont belong, a Muslim man can marry a Christian and a Jewish women with out converting them.

In India ,there are hardly any Jew and small population of Christians ,rest are Hindus or from other Dharmic religion, who Koran forbids marriage until a conversion .

 

[Aslan]

In India ,there are hardly any Jew and small population of Christians ,rest are Hindus or from other Dharmic religion, who Koran forbids marriage until a conversion .

And that is true, if the women is not a christian or a jew the man cant marry her with out her changing her religion. And the ounce falls on the guy to follow the rule if it is implemented as is. And also the other place where he was wrong was he married with out even consenting with his wife and not only that he disowned them after marring this girl. So that shown that the man was of a bad character regardless of the religion that he belonged to.

 

[gubbi]

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???

If you read it carefully, it is not a question of whether a Muslim can marry a girl outside his religious faith.

The court verdict has to do with polygamy aspect of Muslim law. So the judges are correct in saying that unless he is divorced from his first wife, he cannot marry another woman, unless that is, the second woman also happens to follow Islam, else it would be considered polygamy under IPC.

Polygamy, under Indian law is illegal, but under the Muslim law, it is permitted (Special Marriages act - I think, correct me if I am wrong) only when the parties concerned are of Muslim faith.

 

[deckingraj]

If you read it carefully, it is not a question of whether a Muslim can marry a girl outside his religious faith.

The court verdict has to do with polygamy aspect of Muslim law. So the judges are correct in saying that unless he is divorced from his first wife, he cannot marry another woman, unless that is, the second woman also happens to follow Islam, else it would be considered polygamy under IPC.

Polygamy, under Indian law is illegal, but under the Muslim law, it is permitted (Special Marriages act - I think, correct me if I am wrong) only when the parties concerned are of Muslim faith.

You are right guby but my point still holds valid...See my question again...

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???

Let me make it more clear...How will this judgement differentiate between a polygamy case vs a case where

- Non-Muslim women is in love with a muslim men
- Both have been single all along their life
- Women do not want to change her religion....

If i understood it correctly this judgement will make their marriage null and void unless and until women gives up her faith...This is against our constitutional rights...I hope i did not understand it well...