Sneha Roy, Amity Law School, Noida
ABSTRACT
This research undertakes a comparative study of Hindu and Muslim marriages, focusing on their legal, religious, and social aspects. Both Hindu and Muslim marriages are deeply embedded within their respective religious traditions, but they are governed by distinct personal laws in India such as Hindu marriage by the Hindu Marriage Act, 1955, and Muslim marriage by Shia and Sunni law. This study explores the nature and concept of the marriage in the respective personal laws and essential conditions of marriages under Hindu law and Muslim law. Hindu marriage is considered sacramental as well as contractual whereas Muslim marriage is contractual in nature in eyes of law but still some argue that Muslim Marriage is sacrament too. Thus, it’s a big debate to argue upon. Hindu Marriage is governed through Hindu Marriage Act, 1955 and the ceremonies and conditions under this must be fulfilled. The procedure of registration of marriages are also provided in the same, i.e. HMA,1955. But in Muslim Marriage marital conditions and ceremonies are governed as per the principles of Shia and Sunni law but as registration of Muslim Marriage is mandatory unlike Hindu marriage, the Muslim Marriage is registered under Muslim Marriage Act which is guided by Muslim Personal law (Shariat) Application Act, 1937 and additionally, it can also be registered under Special Marriage Act, 1954.
The research examines how both the Marriages, i.e., Hindu and Muslim reflect religious beliefs and fulfils societal expectations. The similarities and differences of classification of marriages under Hindu Marriage Act,1955 for Hindu marriage and Sunni and Shia law for Muslim marriage. As per Hindu Marriage Act, Hindu Marriages can either be valid by fulfilling the essentials or void or voidable but under Muslim Marriage in addition to this there is a concept of Irregular Marriages and the same has been explained in detail in this study. By comparing these two, this research aims to provide a clear understanding of how personal laws shape their respective marital relationships and major distinction between the same.
Keywords: Hindu, Muslim, marriage, personal laws, Sunni, Shia, irregular, ceremonies.
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