Love marriage in India & the Islam

Well done Dear Mr. Ahmed, your questions have deep concern and the reply from Ld. Members will be very useful for common people.

These will have more closed concern if ask as follows;

Q.1 – Is that ILLEGAL and INVALID ? (Instead of asking “Is that legal and invalid)

Q.2 – Is it INVALID ? (Instead of asking “Is it valid”)

Q.3 is more important to know that whether in equality base democrratic India “Shariyat Law” exists in Indian courts or otherwise.

Thanks and best regards.

In this sequence an additional question;

Q.4 – Is an Indian citizen girl is allowed to live her life at her own choice marrying a Boy of her choice or NOT ALLOWED for any specific reason or condition?  If so, what are the conditions under which a Indian citizen girl is NOT ALLOWED to live her life at her own choice marrying a Boy of her choice ?  

Q: 1: If a girl comes out of home on love affairs & appeals to a Muslim Organisation or Political Party for conducting her marrige without her parents cencern, is that  legal & valid ?

Q: 2: In that marrige- nikah-nama, bride's adress is not mentioned & some other religious signed as witness. Is it valid?

Q: 3: Is love marriage allowed in Indian Muslims as per the Shariat Law?

Answer 1, 2 & 3. Marriage between muslim & non muslim cannot be solemnised under Muslim Marriage Act, it can be solemnised under Special Marriage Act. Since it is not mentioned if the boy is muslim or not, I am covering both scenarios.

If Girl & Boy Muslim, marriage under Muslim Marriage Act: It states that Nikaah or marriage is a contract and may be permanent or temporary and permits a man four wives if he treats all of them equally. There should be a proposal or `offer,` made by or on behalf of one of the two parties;

The Muslim marriage law also states that to have a valid marriage under the Muslim law, if a person is of sound mind, normal and has attained puberty at the age of 15 his or her marriage cannot be performed without his or her consent. There are certain prohibited relationships, whose marriage is considered void. Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.

i. An `acceptance` of such proposal or `offer` by or on behalf of the other party;

ii. The `offer` and `acceptance,` both, must be expressed in the same meeting. There is no prescribed form for proposal and acceptance. However, a proposal, made at one meeting and an acceptance, made at another meeting, will not constitute a valid marriage;

iii. The offer and acceptance must be made in the presence of two male witnesses, or one male and two female witnesses, who must be adult Mohammedans of sound mind; iv. A marriage, contracted without witnesses, is not void but is considered irregular. Such irregularity can be cured by consummation.

However, according to Shia law, the presence of witnesses is not necessary in any matter. In India, there is no need to register the Muslim marriage, as there is no law requiring registration.

If boy or girl of any religion, marriage under Special Marriage Act 1954: Any two persons irrespective of their religion can marry under the Special Marriage Act, 1954. Conditions for Marriage.

Following conditions are required to be met for a marriage under this Act:-

(a) Neither party should have a husband or wife living.

(b) Neither party is an idiot or lunatic.

(c) The bridegroom must have completed 21 years and the bride the age of 18 years.

(d) The parties are not within the degree of prohibited relationship.

(e) Both parties should be citizens of and domiciled within the territories to which the Act applies.

Ceremony

(a) Notice to be given by the bride and bridegroom to the Marriage Officer of the district in which one of them had been residing immediately previous to the notice for atleast 30 days.

(b) Marriage Officer records the notice to a conspicuous part of his office and sends a copy to the Marriage Officer of the District in which the party giving the notice has permanent residence and it would also be affixed by the officer in his office.

(c) 30 days time is given for any person to raise any objections to the intended marriage.

(d) From the date of receipt of any objections within 30 days, the Marriage Officer should enquire into the objections.

(e) If the objection is upheld, either party to the intended marriage may appeal to the District Court whose decision shall be final.

(f) In case there is no objection or the objection is rejected, the parties with 3 witnesses sign in presence of the Marriage Officer declarations to the effect that they are unmarried and are not related within prohibited degrees and have completed 21 years (Husband) and 18 years (Wife).

(g) The marriage is therefore solemnized in any form which parties choose to adopt. The form must have the following declaration by each party to the effect; "I take thee to be my lawful wife (or husband)." The parties and 3 witnesses then sign the certificate of solemnization. This certificate is conclusive certificate of solemnization.

(h) The solemnization should be completed within 3 months from the date of notice and otherwise the notice lapses and a new notice will have to be issued. Civil Marriage by Registration: The marriage under the special Marriage Act is a civil marriage by registration.

Thanks so much Sir. Mr. Ramde of DRF. Your reply gives little answer, but not clear about the role and impotance of the parents. If the parents are not important, why they should take care and much pain of their children. We say so many praising words, phrases and quotes on the parents, but in action do nothing. The straight question is as follows "for a marriage, the concern of the parents is important or not? If that is in Islam what is the answer as per sharit law"

The love marriage of a muslim girl belongs to (Hanafi)Sunny-Dhakkani-Syed(Urdu speaking) and the boy belongs to (Hanafi)Sunny(tamil speaking) Labbai. Because of this difference, the parents of the girl dislike this marrige.

why not let them marry under special marriage act. jab miya biwi raji kya karega qazi.

I like to add few more words (to clarify the task and not to acore the points of LCI) that;

As regards concern of the “STATE” of Union of India, a citizen in individual capacity has all equal citizen rights irrespective to that to which religion, caste, region, language, class, colour or gender he/she relates.  Therefore, all other social customs are below the status of a citizenship.  The “STATE” of Union of India always extend support to A CITIZEN and any other force like any religious group etc. cannot restrict citizen rights of any individual citizens.

A CITIZEN OF INDIA (HEs & SHEs) ARE EVER & ALWAYS SUPPORTED BY THE “STATE” TO MARRY WITH THEIR CHOICE IRRESPECTIVE OF ANY SOCIAL CUSTOM subject to other general condittions as laid down by DEMOCRATIC INDIAN in his reply above and no other social custom can restrict if a citizen (HEs or SHEs) show his/her unwillingness to follow the social customs.

It, THE DEMOCRATIC CONSTITUTION OF DEMOCRATIC INDIA, says.

Samudreii,

excellant suggestions by u.

Caste, sect, languages have become old things or things of past, sooner we forget them, will be better for us. We should keep in mind that we are living in the era of globalization, so, it is high time for us to refine our thought and give our life a new dimension. We all r human being, citizen of this country, and enjoy equal status, irrespective caste, creed, region, religion, gender etc.  i.e. our constitution directs the state, not to discriminate on the basis of caste, creed, region, religion gender etc. So, women enjoy equal status and are a respected citizen of this country, and enjoy right to live with dignity. So, no one has right to interfere in to the personal matter of an adult, be it parents or relatives. After the incidence of Khap Panchayat issue, court has asked the state machinery to provide security to such type of love marriages of adults. So, let them go ahead, if any case they feel any trouble they can very much seek protection from state machinery/law enforcement agency.

Q: 1: If a girl comes out of home on love affairs & appeals to a Muslim Organization or Political Party for conducting her marriage without her parents concern, is that legal & valid?

A: that he is a Muslim, and that, he is competent to contract within the meaning of section 11 the Indian Contract Act, 1872 (9 of 1872, perties are entitled to marry. Both the parties are Mohamed-an, having no spouse – entitled for marriage. Regarding, the concern of her parent’s consent, - it is not a factor at all.

Q: 2: In that marriage- nikah-nama, bride's address is not mentioned & some other religious signed as witness. Is it valid?

It will at per her religious rites.

Q: 3: Is love marriage allowed in Indian Muslims as per the Shari at Law?

There is no restriction on it.

check yr pm acts send to you.

In India part of Shariat,  accepted as shariat act

Islam has no objection on love marriage, better to say  love before marriage  but it takes strong objection on s*xual intercourse, - without marriage..