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    Marriage Under Hindu Personal Law and Muslim Personal Law Is of Diverse Nature

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    Neelesh Ganguly

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    Marriage Under Hindu Personal Law and Muslim Personal Law Is of Diverse Nature

    Uploaded by

    Neelesh Ganguly
    3 views6 pages

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    3 views6 pages

    Marriage Under Hindu Personal Law and Muslim Personal Law Is of Diverse Nature

    Uploaded by

    Neelesh Ganguly

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 6

    “ Marriage under Hindu Personal

    Law and Muslim Personal Law is


    of Diverse Nature
    “
    By Neelesh Ganguly
    Marriage is fundamentally different
    under Hindu and Muslim personal
    law.

    Hindu Marriage is considered a


    sacrament in Hindu personal law and is
    intended to be a lifelong union between
    the spouses.

    Muslim Marriage, on the other hand, is


    regarded as a contract between two
    parties under Muslim personal law and
    can be dissolved under certain
    conditions, such as talaq (divorce) or
    khula (mutual consent).
    Nature of Marriage under Hindu law
    Under Hindu personal law, marriage is considered a sacrament and is meant to be a
    lifelong union between the spouses. This is reflected in Section 7 of the Hindu
    Marriage Act, 1955, which states that a Hindu marriage is a “sacred tie”
    and cannot be dissolved except by a decree of divorce granted by a court. The section
    goes on to describe the essential features of a Hindu marriage, which include the
    following:
    • The parties involved must be Hindus
    • The marriage must be monogamous, i.e., between one man and one woman
    • The parties must have the capacity to marry
    • The marriage must be solemnized in accordance with the customary rites and
    ceremonies of the parties involved
    Nature of marriage under
    Muslim Personal Law
    Marriage is considered a contract between two parties
    under Muslim personal law, with the husband offering the
    woman a dower (mahr) as a sign of his commitment to her.
    This contract is formed by the parties exchanging consent,
    either directly or through representatives (wakil). Both
    parties’ consent is required for the marriage to be valid,
    and the contract can be terminated through divorce (talaq)
    or mutual agreement.
    Under Muslim personal law, the nature of marriage is
    primarily based on the teachings of the Quran and
    the Sunnah (traditions) of the Prophet Muhammad.
    The nature of marriage under Hindu and
    Muslim law is of great relevance in the
    present scenario, as it reflects the
    cultural, social, and religious values of
    these communities. It also impacts the
    legal rights and obligations of the parties
    involved, and has implications for issues
    such as gender equality, family stability
    and individual autonomy.

    While there are challenges and


    tensions in both systems of law,
    there are also opportunities for
    reform and dialogue, to ensure that
    the nature of marriage continues to
    evolve and adapt to changing social
    and cultural norms.
    Thank You!

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