17/05/2018 Inter-sect and Inter-religious Marriage under Muslim Law

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Inter-sect and Inter-

religious Marriage
under Muslim Law
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In Muslim law, there is no prohibition of inter-sect marriages,
and the Muslims belonging to any sect can inter-marry.
Such marriages are perfectly valid, and do not imply any
change of sect or school on the part of either party.

The Shias are very strict as to inter-religious marriages.

Under the Shia law, the marriage of Shia male, or female,
with a. non-Muslim is null and void. The Sunnis do not
adopt such a rigid attitude. They take the view that a Muslim
male can validly contract a marriage with a kitabia, but not
with an idol-worshipper or a fire-worshipper.

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17/05/2018 Inter-sect and Inter-religious Marriage under Muslim Law

The word “kitabia:’ means a person who believes in a holy

book containing revelations. The Christians and the Jews
fall under this category, but not Sikhs. It appears that if a
Muslim male marries a Christian woman, he can do so only
under the Indian Christian Marriage Act, 1872, since that
law requires that if one of the parties to the marriage is
Christian, then the marriage must be solemnized under that
law. This means that the marriage must be solemnized in
the presence of a marriage registrar; otherwise, it will be
void.

It is submitted that in such a case, the marriage, will be a

Christian marriage, unless the Muslim formalities are also
complied with. Even then, to such a marriage, the
provisions of the Indian Divorce Act, 1869, will be
applicable, which means that such a marriage can only be
dissolved thereunder. Thus, even if a husband pronounces
talak on his wife, dissolution of marriage will not take place.

Although a Hanafi male is not allowed to many a fire-

worshipper or an idolatress, the considered view seems to
be that such a marriage is not valid, but merely irregular.

A Muslim female belonging to any school of the Sunnis is

not allowed to marry a non-Muslim, whether a kitabia or a
non-kitabia. Mulla, however, hold the view that the marriage
of a Sunni female with a non-Muslim is not void but merely
irregular. Fyzee considers it to be an inaccurate statement
of law, and, citing authority of the Koran, holds the view that
such a marriage is void.

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17/05/2018 Inter-sect and Inter-religious Marriage under Muslim Law

A Muslim female cannot also enter into a valid marriage

with a Christian under the Christian Marriage Act, 1872,
since S. 88 of that statute lays down that a marriage which
is forbidden by the personal law of either party; will not be
valid by virtue of any of its provisions.

A Muslim, male or female, can perform a valid marriage with

a non-Muslim under the provisions of the Special Marriage
Act, 1954. But then, such a marriage will be civil marriage,
and all the provisions of the Act will apply to such a
marriage. Succession to the property of such persons will
be governed by the Indian Succession Act, 1925.

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