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

[scrumpy]

I think the issue in this case is the fact that this is the man's second marriage while the first marriage hasn't been dissolved. This is only allowed under Muslim marriage laws. If the man wasn't married earlier, they could have simply married under the Special Act while each one sticks to their own religion and not give a damn about anyone else. However, If he does this while the first marriage is still valid, he would be breaking bigamy laws.

 

[Areesh]

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.

Exactly sir. That is the Islamic law and we all have believe in it.

 

[scrumpy]

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...

This is covered under the Special Act. I have friends who are married in this manner.
The Special Marriage Act-1954

 

[gubbi]

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...

This judgement will not differentiate between polygamy and the Muslim law.
Its pretty simple,
~ A Muslim can marry a non-muslim under the Special Marriage Act (applies to Indians in general)
~ A Muslim man can marry 4 women (Muslim) under the Muslim marriages act - cannot recollect exactly which act.
~ A Muslim man can marry a non-muslim woman (under the Special Marriage Act), provided that he is either NOT married at the time or divorced. The woman may or may not change her faith, makes no difference to the marriage.

So
~if the man in question does not divorce his first wife, he cannot marry the second woman.
~if the man wants both women, he has to convert the second woman to Muslim faith, for his marriage to be valid under the Muslim marriage act.
~if the woman does not want to convert, but wants to marry the man, he can still marry her, again provided he is divorced from the first wife (special marriages act)


Its all in a round about way, but the Constitutional rights of any individual or party are not abused nor transgressed in the ruling.

 

[Paksindhi]

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.

I TOTALLY AGREE

A MUSLIM MAN CANNOT MARY A HINDU GIRL, WITHOUT CONVERTING HER TO ISLAM, PLAIN AND SIMPLE.

THIS DOES NOT APPLY TO CHRISTIAN OR JEWISH GIRLS, COZ THEY R PEOPLE OF BOOK, TORAH AND BIBLE.

BUT A MUSLIM WOMAN CANT MARRY ANY NON-MUSLIM, BE IT CHRISTIAN OR JEW UNTILL THAT MAN CONVERT'S TO ISLAM WITH HEART AND SOUL. NOT JUST FOR THE SAKE OF MARRIGE.

 

[Marxist]

with in our current legal system there is nothing wrong in this judgment,the only way is common civil code,unfortunately our politicians don't have spine to pass the law.

 

[deckingraj]

This judgement will not differentiate between polygamy and the Muslim law.
Its pretty simple,
~ A Muslim can marry a non-muslim under the Special Marriage Act (applies to Indians in general)
~ A Muslim man can marry 4 women (Muslim) under the Muslim marriages act - cannot recollect exactly which act.
~ A Muslim man can marry a non-muslim woman (under the Special Marriage Act), provided that he is either NOT married at the time or divorced. The woman may or may not change her faith, makes no difference to the marriage.

So
~if the man in question does not divorce his first wife, he cannot marry the second woman.
~if the man wants both women, he has to convert the second woman to Muslim faith, for his marriage to be valid under the Muslim marriage act.
~if the woman does not want to convert, but wants to marry the man, he can still marry her, again provided he is divorced from the first wife (special marriages act)


Its all in a round about way, but the Constitutional rights of any individual or party are not abused nor transgressed in the ruling.

Finally got it ...Thanks for the extra effort in helping me mate ...its just pathetic indian ouster from 20-20 is taking its toll ...

 

[Iqbal_Brar]

atleast read it properly before jumping gun.. she is asked to convert because the guy is still married to first women... and you cannot be married to 2 ladies at same time.. only muslim people can do that.. thats why she is required to convert.. simple as that..

 

[raleigh22]

Interesting topic

I looked up the topic in Mulla's and Fyzee's books on Muslim law in India.

They actually state that a marriage between a Muslim man and a woman who is not a kitabiya i.e. "an idolater or fire-worshipper" would not be batil(void) but fasid(just irregular). The logic behind this being that the woman could convert at any point to Islam and the marriage would be validated.

Google Books snippet of Fyzee

So I wonder if the court is correct in stating that the marriage is void...

Another interesting point to note is that Zoroastrians are regarded as people of the book by Shias. However Fyzee states that Itha'ashris can only enter into muta marriages with Zoroastrian women and not nikah.

 

[Hyde]

Its a simple thing - without any great debates or logical views

As per Islamic Law A muslim can only marry with Muslims, Christians and Jews. If a person belongs to any other religion, his/her marriage will be void and not considered Legal in Islam.

Whatever you do, whatever bright minded you become, whatever way you try to make Haram thing halal, This marriage will remain unislamic and void in the eyes of Islam as it is not in the boundaries of Islam

The End

 

[EjazR]

As someone pointed out this is only with regards to polygamy. Its good that the judge has pressed charged against the man for abusing the law for his own benefit. If you can't provide justice to your wives or can't afford to do so, then marry only one. That is very clear.

Now with regard to the legal standing in India for say a Muslim-Hindu marriage. They can file it under Special Marriage act and it will be legal. So yes legally speaking they can do so.

Now for those who talk about people of the book. As I have mentioned earlier, some sects of Hindus which are monotheistic and don't indulge in idol worship are considered as people of the book.

 

[Paksindhi]

I guess thats beyond the scope of Koran ...it couldn't foresee happening of such cases in the sixth century when its encoded.

Nothing is beyound the scope of QURAN, this law is there to safe guard the purity of our religion and muslims from currupt influences.

If a muslim follow the teaching's and instruction's of QURAN very good, other wise HELL is waiting for him or her.

Islam mean's total submission to GOD's laws, nothing supperceeds it, period.

 

[gubbi]

Its a simple thing - without any great debates or logical views

As per Islamic Law A muslim can only marry with Muslims, Christians and Jews. If a person belongs to any other religion, his/her marriage will be void and not considered Legal in Islam.

Whatever you do, whatever bright minded you become, whatever way you try to make Haram thing halal, This marriage will remain unislamic and void in the eyes of Islam as it is not in the boundaries of Islam

The End

Zaki, no logical views? Fortunately the Indian Constitution does not see it that way. Every one has rights.

Following one particular religion does not change the basic anatomy & physiology of the human body for a inter-religious marriage to be successfully consummated!

Faith has nothing to do with human physiology and anatomy. Humans have been procreating long before any texts came into being!

 

[raleigh22]

Now with regard to the legal standing in India for say a Muslim-Hindu marriage. They can file it under Special Marriage act and it will be legal. So yes legally speaking they can do so.

Now for those who talk about people of the book. As I have mentioned earlier, some sects of Hindus which are monotheistic and don't indulge in idol worship are considered as people of the book.

They could marry under the Special Marriage Act.
But one should note that the succession to the person's property is then governed by the Indian Succession Act and NOT according to Islamic law.

Some Hindus might regard themselves to be monotheistic and not indulging in idol worship. But I do not think Hindus are considered as people of the book by any sect under Muslim law as applied in India.

 

[Skeptic]

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




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...

Basically you can not marry under Muslim Personal Law, but there is a saperate act : Special Marriages act, in which a Muslim guy can marry a Hindu girl, without her converting. It is your prerogative to choose that.

There is a separate application and marriage can only happen in Magistrate's office (or his personal presence). If you want to marry under muslim personal law, and want those rules to be applicable, then the girl must convert. Example: If once married Under Special Marriage Act, Muslim guy can not marry another girl.