Reader's
queries
Your
Advocate
Q.
I have a query ,I am a Hindu girl and I want
to marry a Muslim boy. I am 23 years of age and he is
25 years of age. We are not permitted to marry according
to our customs. But we are really committed and want to
marry at any cost. We have decided to marry according
to law .Are there any restrictions regarding law to our
marriage? If we can marry legally, then how should we
proceed and will there be any restrictions after that
marriage? Is there any law, which would stop us from doing
so?
I would request you please answer my questions and anticipate
a favourable reply. Thanking you,
Poornima
Dms On E-mail.
Your
Advocate: The kind of problem and challenges
of life you are now confronted with, is nothing new. This
is a contrast and dilemma of human life as against laws,
customs values and practices prevailing in different societies.
This is possibly as old as the society itself but has
been emerging as a problem with the change of time. It
is not always easy to reconcile the peculiarities of the
emotional aspect of life with the laws, customs, values
and practices one is subject to. Still if one feels like
or is determined to go ahead lawyers must strive to examine
whether there is any way out within the permissible limit
at least of law.
You
and your fiancé have attained the age quite above
the level of age required by law for contracting marriage.
But the impending barrier is the difference of religion.
You and your fiancé belong to two different religions,
that is, you are a Hindu girl and the young man you want
to marry is a Muslim. You have rightly anticipated a socio-legal
discord in the union. Still I think law does not put a
complete bar to such marital union. There is scope for
carving out some devices for giving the deal a legal shape
acceptable to the society.
In
my opinion you have three options before you. First, you
can embrace Islam and marry your fiancé. In that
case all complications and embarrassments are removed.
Second, as Islam does not say without a good deal of controversy
that marriage between a Muslim man and an idolater's i.e.,
a Hindu woman is void it is considered as irregular. The
social embarrassments apart, the only adverse consequence
of irregular marriage is it does not create mutual right
to inheritance between the spouses. The issues of such
marriage are legitimate. Even the wife is entitled to
dower. Third and the last is, you can renounce your respective
faith and declare that none of the parties to the marriage
profess any religion and thus come within the scheme of
The Special Marriage Act, 1872.
The
Special Marriage Act, 1872, was enacted to provide a form
of marriage for persons who do not profess the Christian,
Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh or Jaina
religions and for persons who profess Hindu, Buddhist,
Sikh or Jaina religions and to legalize certain marriages
of doubtful validity. According to that law marriage may
be solemnized between persons neither of whom profess
the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist,
Sikh or the Jaina religion or between persons each of
whom professes one or other of the Hindu, Buddhist, Sikh
or Jaina religions under certain conditions. Marriage
under the Act is solemnized by the "Registrar of
Marriages under Act III of 1872." For the third option
in particular you should consult a lawyer. Thanking you.
Your
Advocate M. Moazzam Husain is a lawyer of the Supreme
Court of Bangladesh. His professional interests include
civil law, criminal law and constitutional law.
