Comparison between marriage under hindu law and muslim law
Abstract in this assignment, i have to discuss about the thoughts relating to void and voidable marriage under hindu marriage act and after the discussion i have to discuss about the difference between judicial separation and divorce under the same act. Concept of marriage under other personal laws 51 concept of marriage under muslim law the hindu conception of marriage under the old hindu law was that it created an indissoluble tie between the husband and the wifehowever, section 13 of the hindu marriage act, 1955. Grounds for divorce under hindu marriage act 1955 and special marriage act 1954 grounds for divorce under hindu marriage act 1955 and special marriage act 1954 earlier divorce was unknown to general hindu law as marriage was regarded as an indissoluble union of the husband and wife manu does not believe in discontinuance of marriage. Muslim marriage laws:- under the muslim personal law a suit has been filed by the husband or wife on withdrawal from the society of other without lawful ground muslim law recognized two forms of divorce by mutual consent khul or khula (divorce at the request of wife) and mubaraa or mubaraat (by agreement. Marriage types family love happiness white wedding dreams forever your partnership (marriage) to your life partner irrespective of religious or cultural affiliation, in accordance with marriage laws of the state unfortunately this law still excludes the hindu and muslim faiths where polygamy is allowed.
Obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other. Keywords: bangladesh – mixed marriages – hindus – muslims this is precisely because the defect in the marriage under muslim law (ie non-muslimhood of the female partner, though she is not a follower of the the center for reproductive rights (2004) also states that “a marriage between a muslim man and a hindu woman, and between a. Muslim marriages are governed by muslim personal laws of divorce and also the dissolution of marriage act,1939 & the muslim women (protection of rights on divorce) act,1986 christian marriages are governed by the indian christian marriage act , 1872 and indian divorce act-1869. Divorce under muslim law 1 dissolution of muslim marriages 2 after such an objectionable comparison the husband does not cohabit with his wife for a period of four months upon the expiry of four months zihar is complete 1954 and under section 13-b of the hindu marriage act, 1955 18.
Laws of malaysia act 164 law reform (marriage and divorce) act 1976 an act to provide for monogamous marriages and the solemnization is married under islamic law and no marriage of one of the parties which professes the religion of islam shall be solemnized or registered. Laws of succession governing muslims for non-testamentary succession the the muslim personal law (shariat) application act, 1937 is applicable and where a muslim has died testate, the issue has to be governed under the indian succession act, 1925 where a will relates to immovable property situate within the state of west bengal, and that of. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The law under which the marriage was performed: hindu, muslim or under special marriage act in the first two cases, it would be essential for the spouses to belong to the same religion to ascertain the religion of the marriage, the customs and ceremonies performed therein may be considered.
A comparative study on hindu law between bangladesh and india sharmin aktar abu syead muhammed abdullah ancient and bangladeshi hindu law, hindu marriage is a muslims but in india under the “hindu marriage act,1955” it is. Hinduism and islam are the third and second most popular religions in the world respectively they differ in many respects - including idol worship, monotheism and their history place of worship temple (mandir) mosque/masjid, any place which is considered clean by islamic standards place of origin. Maintenance under muslim personal law: under islamic law similar to the christian law, the wife is entitled to maintenance from the husband but under the hindu law and parsi law either spouse are entitled to maintenance. Common law marriage predates marriage granted through the use of a marriage license in fact, the only difference in principle between marriage and common law marriage is the use of a marriage license. Adoption: under hindu, muslim, christian and parsi laws, although there is no general law of adoption, yet it is permitted by a statute amongst hindus and by custom amongst a few numerically insignificant categories of persons.
Comparison between marriage under hindu law and muslim law
If a marriage is solemnized between two hindus in which the male is 21 years old and the female is 18 years old, then though their marriage is legally valid still they cannot register their marriage under the special marriage act, until the female attains the age of 21. The marriage was performed before the attainment of 15 years of age by the wife, and on completion of 15 years and not before 18 years of age, the wife rejected the marriageunder the hindu marriage act, 1955, a divorce petition can be filed by the parties only after the passage of one year from the marriage date. However, under islamic law, the majority age can be taken 15 years, under the provisions of the indian majority act, it is 18 years the marriage of minors can be contracted through guardians if a muslim minor is married during minority, the minor has the right to repudiate such marriage on majority.
- The laws in india related to divorce were not codified for most religions till not a long time ago hindu males were allowed unlimited polygamy till 1955 and till 1939 a muslim woman could not seek divorce from her husband basis their personal laws.
- Law commission of india report no25 7 reforms in guardianship and custody laws in india hindu marriage act, 1955 17-18 (iv) islamic law 18 (v) parsi and christian law 18-19 of paternal authority over children under english law first, in a number of judicial decisions, the courts.
Difference between hindu law and muslim law • categorized under islam,religion | difference between hindu law and muslim law shah s difference between hindu law and muslim law differencebetweennet and the writer had not made any difference but just commented on islam laws reply sohel october 19, 2015 • 12:52 am. Mitakshara - law of propinquity (nearness of blood-relationship) - secular principle - exclusion of females from inheritance (first principle) ( terminated by 2005 amendment of hindu succession. Shariat and muslim personal law: all your questions answered what exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that indianexpresscom tries to answer.