Muslim Marriage

In India, Hindu-Muslim marriages evoke controversy, interest and curiosity from across the society. Traditional beliefs, mistaken prejudices and the fear of flouting social norms prevent many young Indians from taking the ‘drastic step’ of marrying a person of another religion. On 12^th May 2010, the Allahabad High Court held that the marriage of a Muslim man to a Hindu girl as void. The Division Bench comprising Justice Rajesh Chandra and Justice Vinod Prasad held that a Muslim man’s second marriage would be null and void when he abandons his first wife and the children, who are born from this first marriage.

In Islamic law, marriage can be classified into being valid, void and irregular. As laypersons, people conjure up a many misconceptions about Islamic marriages. This discussion is an attempt to throw light on these concepts through accurate information based on various classifications of Islamic marriages.

Polygamy, most of us know already, is the practice of having more than one spouse at a time. It is considered legal in many countries. Polygamous marriages are also acknowledged in many African countries under Islamic or customary law. A modification of polygamy is polygynous, which is a system of marriage in which a husband can have two or more wives at the same time. In a polyandrous marriage, a woman has two or more husbands at the same time. Next, let’s discuss international laws on polygamy.

Muslim women are entitled to maintenance under Muslim personal law as well as the Protection of Rights on Divorce Act, 1986. To a layperson, what does ‘maintenance’ really mean? Simply put, when a couple divorce, the husband is legally bound to provide for the expenses of the wife and children, which is called as ‘maintenance.’ It must, however, be noted that a Muslim wife is only entitled to maintenance so long as she is faithful to her husband and obeys his ‘reasonable’ orders. Moreover, the Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek dissolution of marriage on the ground of failure to provide maintenance.

A Muta marriage is a temporary marriage under Islamic law. Literally translated, a muta marriage is a ‘marriage for pleasure’, which is valid for a fixed period of time. Such a matrimonial practice is believed to have been practiced since the time of the Prophet in Saudi Arabia. The concept continues to be held valid in the modern school of Muslim law in India, except in case of the Shia’s and the Ithna Ashari Shiite’s. However, a marriage institutionalized under Muta has become almost obsolete in India.

People in India and Pakistan are speculating about the Shoaib Sania marriage because of the drama and suspense surrounding the great ‘Indo-Pak’ wedding. On Twitter, Facebook and other social media networking sites, the general reactions to the wedding have not been positive. Overall, the public sentiment appears to be strongly against the Shoaib Sania marriage.

The long legal battle between Shoaib Malik and Ayesha came to a quick, unexpected closure on 7^th April 2010, when hectic negotiations bore fruit and Shoaib Malik signed the divorce papers.

Following the FIR filed against Pakistan cricketer Shoaib Malik, the Pakistan High Commissioner in India assured him of full support. It is reported that Pakistani diplomats feel that he should be provided with consular assistance though he has not asked for it so far. The buzz is that the Pakistan High Commission may make a diplomatic note of protest to the Ministry of External Affairs in India against the seizure of Shoaib’s travel documents and passport.

On 5^th April, more drama unfolded in the Shoaib-Sania marriage controversy as India’s tennis star, Sania asserted that their marriage would be solemnized on the announced date, namely, 15 April 2010. The Pakistani cricketer, Shoaib Malik has been featuring in the news ever since his marriage with Indian tennis star, Sania Mirza was announced. The FIR against Shoaib Malik charges him with cruelty to wife, harassment, criminal intimidiation and cheating. Reports from the Pakistani foreign office indicate that the Pakistani High Commission is awaiting the details of the FIR that has been lodged against Shoaib Malik.

Question on Hindu Law and Special Marriage Act

In many parts of South India, the practice of a girl being married off to her maternal uncle is part of the community's custom. Suppose this type of marriage happens under Special Marriage Act and one party converts to Buddhism, what is the status of the marriage? Is it valid?