Marriage is beautiful, isn’t it? The bonds made in heaven, and executed on earth through marriage. But it is not as easy in each case, and people have their own challenges. People fall in love and sometimes, they cross the borders of religion and fall for a person of another religion. Since they say love knows no bounds, so can a Muslim marry a Hindu? Does religion allow that?
In other words, can a Muslim and a non-Muslim get married through Nikah? Or, a Hindu and a Muslim get married by undergoing Saptapadi before the holy fire? Here, we will be discussing the knot of faith in inter-religious marriages through the lens of both Islamic and Hindu faith.
Interfaith Marriage and Personal Laws
Inter-faith marriage in Islam
People often have these doubts on whether inter-religious or inter-caste marriage is allowed in Islam. As per Shariah, the rules are different for Muslim men and women. While Muslim men are allowed to marry into other religions, Muslim women cannot marry non-Muslim men. For men too, there are certain restrictions in this regard pertaining to faith. Muslim men can only marry non-Muslim women who are not idol worshippers, which means the woman has to be one of the people of the Book/Kitabia (a woman who follows a religion possessing a divine Book – Islam, Christianity and Judaism).
Can a Muslim man marry a Hindu girl?
Under Muslim personal laws, as per Shariah, a Muslim man cannot marry a Hindu girl, simply because Hindus are usually idol worshippers. Talking about the Hindu laws, the Muslim man will have to convert to Hindu and marry that Hindu girl, or vice versa. So if a Muslim man wants to marry a Hindu girl, one of them has to sacrifice his/her religion.
Can a Muslim girl get married to a Hindu?
Islam does not at all allow a Muslim girl to marry a non-Muslim in any circumstance. Hence, while a Muslim man can marry a Kitabia non-Muslim woman, there is no such option for a Muslim girl to marry a non-Muslim, or a Hindu.
Inter-religious marriage in Hindu Law
The major difference between Islamic law and Hindu laws is the codification of almost all the religious aspects related to Hindus, be it marriage, adoption, succession, etc. As per the Hindu Marriage Act, 1955, only two Hindus can marry each other to be governed by the Act. In fact, even if performed between Hindus, a Hindu marriage is invalid without ceremonies. Thus, two Hindus have to get married as per specific customs and rituals to be governed under the Hindu Marriage Act. Any non-Hindu cannot marry as per the Act without becoming a Hindu by conversion.
Can a Hindu marry a Muslim?
Since we are looking at the religion lens separately, we need to look at the Hindu Marriage Act to understand the legality if a Hindu marries a Muslim as per Hindu rituals. Since the Act only talks about marriage between two Hindus, there is no provision for marriage with a non-Hindu. Thus, a traditional wedding through Saptapadi with a non-Hindu following any other religion is not valid under the Hindu Marriage Act.
Also read this discussion on Difficulty in getting a divorce in India
Conversion to Hinduism or Islam
If a Hindu wants to marry a Muslim, or vice versa, converting to the other religion can help. So if a Hindu wants to marry a Muslim and is also ready to sacrifice his/her faith, he/she can convert and accept Islam and get married as per Shariah by performing Nikah. On the other hand, if a Muslim wants to marry a Hindu and is willing to convert to become a Hindu, that is also an option to get married as per Hindu rituals.
How can a Muslim marry a Hindu without converting? – from a Secular Lens
The Special Marriage Act, 1954 is a civil code which allows two people to marry regardless of their religions. So if you want to know “Can a Muslim marry a Hindu without converting?”, the answer lies with the Special Marriage Act. If there is a question about acceptance of such marriage, people ask “Is marriage between Hindu and Muslim valid?”, the answer becomes yes under the secular law. However, under the personal laws, there may be some repercussions regarding inheritance of property, succession, etc.
Conclusion
Here, we can say that the answer to ‘Can a Muslim marry a Hindu’, the answer is a NO if no one is ready to sacrifice his/her religion and also does not go for the secular option. The answer is a YES if converting is an option, or the couple can get married under the Special Marriage Act. The only problem with the second option is that religion also governs several other aspects related to marriage, like who inherits the property, maintenance rules, divorce provisions, etc. Since the Special Marriage Act is not a secular law, these aspects will also be governed under the secular law if the couple ditches a religious marriage.
