Can A Hindu Marry A Muslim?

In India, marriage is not just a union between two people but it is a grand celebration of two families who follow different traditions and religions.

In our country, it is important for people to get married within their communities as it connects them to their culture, values and traditions. It is considered to be ethically crucial as family heritage continues further. But, marriages between different religious communities are not easily accepted in India as every religion has their own beliefs and rituals.

According to the recent survey there are only 2.1% interfaith marriages in India. Why? Because our society still treats love as a crime and fails to accept their marriage.

The good news is that our law is progressive and accepts their marriage. We have laws that govern marriage between different religions. However, many people have no idea about it. But do not worry!

The article here includes everything you have to know about interfaith marriage in india. If you wish to know about an interfaith marriage, the law applicable, major decisions, registration etc, continue reading the article further.

Understanding The Legal Framework Governing Interfaith Marriages In India

An interfaith marriage is when two people from separate religions come together and get married. In such cases, which law governs their marriage? The Hindu Marriage Act deals with marriage between two Hindus, while in a Muslim marriage, Muslim customs become the law. But what happens if a Muslim marries a Hindu? In such cases, the Special Marriage Act, 1954 will regulate it. Before delving into this Act, let's summarize other laws as well.

Hindu & Muslim Marriage Laws Key Provisions

The Hindu Marriage Act, 1955

The Hindu marriage act or HMA becomes applicable when two Hindus get married to each other. The term Hindus shouldn't be taken to include only Hindus but also includes Buddhists, Jain and Sikh people. So, they get married as per HMA.

The following are some important provisions of this act:

Section 5: Conditions for marriage- There are 5 conditions for Hindus to get married:

• No individual has a living spouse (bigamy which means getting married twice when your previous spouse is living),
• Able to give consent,
• Age for the boy should be 21 and girl 18 years,
• They are not sapindas,
• There is no prohibited relationship between them.

Sections 5 and 17: Polygamy- These sections state that a person can marry only once. So, it makes marrying more than 1 person illegal.

Section 13: Divorce- This provision states that any party to the marriage can ask for divorce on grounds like cruelty, conversion or desertion etc.

Section 17 and 18: Punishment- This section prescribes the punishment for those who commit the offense of bigamy or perform marriage that violates the essentials of section 5.

Special Marriage Act, 1954

The Special Marriage Act (SMA) applies equally across all religions. It does not restrict itself to any particular religion and treats all religions as one.

Section 4: Conditions- It has the same conditions for marriage as provided above in HMA.

Section 5: Notice of marriage- The parties to marriage give notice to the marriage officer under this section.

Section 7: Objection- If anyone has any objection against the marriage, it may be raised at this stage.

Section 13: Marriage certificate- Marriage certificate is issued under this section. Also, marriage is entered into the ‘marriage certificate book’ which is kept for records.

Muslim Personal Law (Shariat) Application Act of 1937

Muslim Act is a very small Act which basically deals with marriage, divorce, and inheritance between Muslim individuals. But marriage in Muslims is done as per customs and there is no law for that. There is a proposal and acceptance in their marriage offer. It means the Muslim man will give an offer to marry Muslim girl and she will either say yes or no. Both must be major and of sound mind. Their marriage has ‘dower’ as an essential which is the amount of money that the boy gives to the girl as a consideration for marriage.

Can A Hindu Marry A Muslim?

Yes, a Hindu can legally marry a Muslim in India, but specific legal procedures apply. Interfaith marriages in India are governed under the Special Marriage Act, 1954, a secular law designed to allow individuals of different religions to marry without converting to each other's faith. The Act provides a legal framework for marriage that does not require either party to renounce their religion or convert, making it suitable for Hindu-Muslim marriages.

Legal Requirements And Procedures

For a valid marriage between Hindu and Muslim individuals, we need to take care of these legal procedures:

• Notice of marriage and marriage book: Sections 5 and 6 of SMA states that notice of marriage is given to the marriage officer and he records it in the marriage notice book.
• Objection to marriage: Sections 7 and 8 of SMA deal with it. If anyone has an objection to marriage then it is raised in writing within 30 days after notice. The grounds of objection are when a party is getting married on violating section 4, which includes age of marriage, bigamy or insanity etc. On receiving such an objection, the marriage officer conducts inquiries within 30 days.If objection is upheld by him, the parties can appeal in the district court.
• Declaration: The parties who are about to get married and 3 witnesses sign a declaration in presence of a marriage officer.
• Certificate of marriage: Marriage officer gives a certificate of marriage to married couple, which is signed by them and witnesses. This is conclusive evidence of marriage which means it is an established fact and no one can doubt it.

Marriage Registration

Chapter III of SMA deals with registration of marriages. Section 15 states that marriage may be registered on fulfilment of condition like:

1. Marriage ceremonies have been performed between both individuals,
2. No one should have a living spouse at time of marriage,
3. Both are of 21 years,
4. They are not within degrees of prohibited relationships.

Section 16 gives the procedure of registration. When both individuals give an application for registration, the marriage officer gives a notice to allow objections within 30 days.

After hearing objections, marriage is registered and entered in the marriage certificate book.

When a marriage is registered, it means that now if the couple has any child, it will be their legitimate child.

Factors Involved In The Evolution Of Interfaith Marriages

Customs and religious texts are very crucial in Hindu and Muslim marriages. There was a gap as these customs were not written anywhere and on their own they would have been very confusing. The reason is that every community follows a certain type of tradition and there would have been no uniformity.

Then, these laws were framed at the time of Britishers, so for a long time, the law still had that influence.

But when times change, the laws also need to be updated. So, patriarchal laws were replaced with equality rights for men and women. Interfaith couples were accepted and the right to marriage became a fundamental right.

Challenges And Societal Implications Faced By Interfaith Couples In India

In India, there are many interfaith marriages but it is also true that our society only accepts marriages which happen within one’s religious communities and caste. So, naturally, these couples have a rollercoaster ride in the journey to acceptance by their family:

• Social resistance: Most families are traditional and orthodox which means that interfaith marriages are not easily accepted by families. They start to blackmail and manipulate couples which can make the marriage difficult.
• Legal issues: The law has now been updated and it now favours interfaith couples, but they still have legal issues. Many people have no idea that there is a law which allows them to get married to a person of another religion and also gives them rights. So, lack of awareness is one major challenge for them.
• Harassment of couples: A very frequent challenge is that of harassment, abuse or honor killing. These are violent crimes committed against people who get married outside their religion. They always have the fear of being targeted by their community. The solution here is that our laws give protection to such couples and they can go to Court asking for it.
• Public notice: There is a provision in SMA that the couple has to publish a notice in public and it can create a big problem for the couple. There is no need for notice in other marriages, so they feel this is discriminatory.

Landmark Case Laws And Precedents

Sarla Mudgal vs. Union Of India (1995)

In this case, the court was faced with an interesting case. Two Hindus got married but later the husband wanted to convert to another religion to marry another woman. The court had to decide if he could do so in the name of freedom of religion or if he was still guilty of bigamy. It was held that the husband is still guilty of bigamy as his conversion did not dissolve his previous marriage.

Lily Thomas vs.Union Of India (2000)

This is another important case surrounding the issue of conversion and marriage. Here, a Hindu husband converted to Islam and got married. The court ruled that conversion does not automatically end a marriage. The second marriage is illegal and the husband is guilty of bigamy.

Shafin Jahan vs. Asokan (2018)

The facts of this case are that a Hindu girl met a Muslim man and they got married. Later she converted to Islam and changed her name to Hadiya. When issues arose surrounding her name change and conversion, the Supreme Court passed a significant judgment that every individual has a right to get married to the person of their choice under Article 21 of the Constitution.

Recent Updates For Interfaith Marriages

Law is a constantly evolving subject. With changing times, there arises a need to update laws. Earlier in India, polygamy was allowed and husbands had multiple wives. Then came HMA which only permitted monogamy. Then there was a need to separate laws for interfaith marriages, which then led to the Special Marriage Act. There was an issue of conversion of religion for which many states passed laws prohibiting conversion by force or fraud.

So, here are some important updates for interfaith marriages which made their life easier:

1. Protection by law

In a recent case, Uttarakhand High Court has allowed protection to an interfaith couple and asked them to register within 48 hours. Similarly, Bombay High Court protected an interfaith couple against the girl's parents. High Courts are now more open to such cases than before.

2. Triple Talaq

You must have seen it in movies when a muslim man says talaq three times and ends the marriage. This is essentially Triple talaq where the husband says that he is divorcing the wife three times and divorce becomes effective. In 2017, through the case of Shayara Bano vs. Union of India, the Supreme Court has held it to be violative of the Constitution.

3. Notice under Special Marriage Act

The interfaith couple needs to provide a notice to the public as per SMA. This is often challenged in courts as it violates the privacy of couples by openly discussing their personal lives. The Supreme Court in 2023, again pointed this issue in the case of Supriyo Chakraborty vs. Union of India.

Conclusion

Interfaith marriages in India are now being embraced by society. Slowly, but gradually our society is catching up with the laws. It means that courts are interpreting law in the favor of interfaith couples and they are given the right to be protected. The Special Marriage Act is a requirement for our society. This Act plays a prominent role in making our society more inclusive and progressive. When we as humans will become more supportive of these marriages, only then the fundamental right to marriage will be celebrated.

FAQs

Q. Can a Muslim man marry a Hindu girl?

For sure, a Muslim man can definitely get married to a Hindu girl. Such a marriage is recognised under the Special Marriage Act of 1954 and needs no conversion to get married.

Q. Can a Muslim girl get married to a Hindu?

Absolutely yes! ! A Muslim girl can marry a Hindu man. The Special Marriage Act covers any and every interfaith marriage in India.

Q. What marriages are not allowed under the Special Marriage Act, 1954?

The Act allows people from different religions to get married but there are some relations which can not get married such as cousins, paternal or maternal relations.