This article is written by Mr Rutvij Vyas, a second year student at Faculty of Law, GLS University.

Abstract

In the thick fabric of interfaith relations, this article examines the legal nuances of interfaith marriage through the prism of Islamic jurisprudence. The analysis is guided by a coherent combination of traditional and contemporary legal frameworks, addressing a wide range of factors underpinning these associations. Embarking on a journey through the paths of Islamic jurisprudence, the article carefully unpacks the traditional aspects that determine the status of interfaith marriage. It sheds light on the dynamic interplay of religious doctrine and legal norms, providing a comprehensive understanding of the complex balance these associations seek to achieve Along with traditional perspectives, the article examines the role of the Universal Declaration of Human Rights as a guiding light. It examines how the principles in this global document interact with Islamic jurisprudence, shedding light on the underlying rights and freedoms that underpin interreligious relations. Basic marriage law emerges as an important element in this legal context, acting as a bridge between different religious types. The article dissects the provisions of the Act, providing insight into how it harmonizes complex interreligious coalitions and facilitates an inclusive legal system. The fabric of this analysis is seamlessly woven with poignant case law that serves as real-world illustrations of the game’s legal dynamics. These cases not only provide a useful lens through which to view past legal cases but also contribute to the evolving discourse on interfaith marriage in the Islamic legal system. This article concludes on a positive note of harmonising the social and legal institution of marriage among those who belong to different religions through the means of social awareness, creating safe environment for interfaith couples and through legal reforms.

Keywords: – Interfaith marriages, traditional perspective, Special marriage act, 1954, Suggestions 

Objectives:- The objective of this article is to understand:-

•  The dynamics of Inter-religious marriage in context to Islamic jurisprudence
• Examine the legal and religious perspective of Interfaith marriages
• Investigate potential solutions/ frameworks to address the complexities of interfaith relationship
• Discuss the evolving social attitudes towards interfaith marriages

Introduction

Interfaith marriages also known as interreligious marriages are a marriage between two people belonging to different religious backgrounds or faith traditions. Interfaith marriages in India have faced varying degrees of acceptance and challenges. The issues related to interfaith marriages have been a topic of discussion for a long time. According to Pew Research Center’s report on religious segration in India, “Most form friendship circles within their community and marry someone of the same faith; interreligious marriages are very uncommon.” While many scholars have differing opinions, it is important to explore this topic within the framework of Islamic teachings and principles. Quran says that every person must marry, and the purpose of marriage is procreation and legalizing the children.
Islamic jurisprudence which is also called fiqh is a guideline for Muslims in their daily lives and deals with various matters including marriage. The general consensus among scholars is that Muslim men can marry women from the Abrahamic faiths (Judaism and Christianity) because these religions are believed to have monotheistic foundation. This permission is based on the Quranic verse in Surah Al-Baqarah, which states, “This day all good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them.” Marriage between Muslims and people of the Book is also a common interpretation of this verse. However, when it comes to Muslim women getting married to non-Muslim men, things change. Most scholars in Islam are of the opinion that Muslim women cannot marry outside their faith. This is because they were forbidden by hadiths from Prophet Muhammad from marrying unbelievers. Over centuries, traditional Islamic jurisprudence has been discussing and interpreting on interfaith marriage. The position within the Islamic legal framework has evolved with varied interpretations by Islamic scholars from different schools of thought. Though there is no single answer to this question, some common themes can be identified within the traditional Islamic perspective.

Ancient Islamic perspective on Inter-faith marriages

The Holy Quran, suggests that Muslim men should not enter into a marital relationship with non-Muslim women, however as per some scholars, The Quran makes marriage no express prohibition of interfaith marriage on Muslim women but in practise this interpretation is not taken acceptable and all classical Islamic jurists agree to prohibition of interfaith marriages of Muslim women and non-Muslim men. There is a separate provisions for people who are Kitabia (people of book, includes Jews, Christians, Sabians) a Muslim man may marry a Kitabia women. Such exception are not allowed for Muslim women to marry kitabia men, thus marriage among Muslim women and Kitabia imen is void-ab-initio.

Interpretation of Islamic law varies among scholars, and so there are many opinions about interfaith marriages. But it is generally accepted that Muslim males can marry non-Muslim females from the Ahl al-Kitab. According to Islam, women cannot marry men who do not profess Islamic faith. The exception to this rule exists when a Muslim woman marries a Jewish or Christian man. However, in most cases, these relationships are still condemned by society as well as by religious leaders themselves. Islam has different views about intermarriage between its faithful members and non-believers. For instance, it is believed that intermarriage is allowed as long as the other partner belongs to one of the (Ahl al-Kitab) people of the book e.g., Jews or Christians. Although some scholars share this opinion, there are those who do not support such mixed marriages at all because they believe that they will lead to apostasy of their Muslim partners.

Mordern view on interfaith marriages

As per article 16 of the Universal declaration of human Rights (UDHR), 1948 stated that, ‘Man and women of major age, without any limitation of race, nationality or religion, have the right to marry and to found a family. They are equally entitled to marriage, during marriage or at dissolution’. This article provides the right to both man and women to enter into interfaith marriage, and there should be free and fair/ full consent of both the parties. With the advent of modern ideas of Liberty, Equality and Democracy; the social behavior related to interfaith marriage is also changed. One of the most basic rights as a citizen of India is the right to marry the person of our choice. The judiciary in many matters have highlighted that right to marry is more important than right to vote. The constitution interprets as, The right to marry cannot be denied, on the basis of race, caste, religion or by place of birth. Article 21 declares that, “No person shall be deprived of his life or personal liberty”.

In Lata Singh Vs State of Uttar Pradesh 2006 AIR  SC 2522, The supreme court held that the right to marry as a component of right to life under the article 21 of constitution. It was said that, “This is a democratic and Free State, and once a person becomes a major he or she can marry whatsoever that person likes” however in the landmark case of Supriyo @ supriya chakraborty & anr Vs. Union of India 2023 INSC 920 also known as same sex marriage case, it was held that the right to marry is not a fundamental right and can be denied in some cases, but it cannot be denied because of religion only. The court in the case also held that “The marriage is not merely a lifestyle but an important constituent unit for sustenance of social life.The recent landmark case of interfaith marriage is undoubtedly, Shafin Jahan V. Ashokan K.M., 2018 SCC OnLine SC 343; the girl hereby was a medical student and had converted to Islam, upon a writ petition of habeas corpus, she denied to live with her parents. Hereby the Supreme court overruled the individual freedom of expression and liberty under article 19 & 21. 

Social response to interfaith marriages

Marriage in Islam is purely a civil contract, however it is often considered as a sacrament/ sacred alliance and a non- Muslim are often subjected to social disapproval, which may might lead to honor related problems. One of the social impact of interfaith marriages are honor killings, as per national crime records bureau there has been seeming rise of honor killings up-to 792 % in recent years. The movies like Ishaqzadee (2012), Ranjana(2013), Anwar (2007), Laxmi (2020) & Kedarnath (2018) can be seen to understand the social reaction on interfaith couples in contemporary times. 

The Special Marriages act, 1954 permits the inter-religious marriages. Such couples should register themselves for this act and need not to convert to any of the religion. This act provides the legal framework for interfaith marriages. The fundamental idea of this act is individual right to marry based on their choice irrespective of religious difference.

Suggestions 

In India, the interfaith marriages where individuals from different faiths enter into a marital relationship, especially within the pretext of Islamic law, can be complex due to the diverse cultural, social and legal landscape. Here are some suggestions and recommendations with a social-legal perspective:

1. There should be Facilitation of interfaith dialogues between religious leaders to foster mutual understanding and social acceptance. 
2. The State or non-State actors can organize community outreach programs that promote inclusivity and social harmony.
3. There can be a more uniform and secular legal framework for interfaith marriages, a uniform civil code in India that ensures a common set of laws for marriage, divorce, and succession-inheritance is also suggested.
4. The State or non-State actors can educate and empower individuals about the Special Marriage Act, 1954 which allows couples to register their marriage irrespective of their religion.

Conclusion

Marriage is an universal social institution which is established by the human society to control and regulate the sex life of human beings. Interfaith marriages per se may be complex issue and have a varied Socio-legal-cultural considerations, interfaith marriages often face challenges related to family acceptance, couples also need to understand and respect one another’s culture, Different regions have specific laws regarding marriage, and these laws can vary based on religious affiliations, In some places, civil ceremonies are recognized as legally binding, while religious ceremonies might not be. Couples may choose to have both types of ceremonies to accommodate both partners’ religious preferences. There is the presence of long lived Social-Stigma around interfaith marriages, this impacts the relationship with many dimensions. Furthermore, this article suggests 3 major solutions and approaches to interfaith marriages firstly there should be Pre-marriage counselling to the couple, secondly, a legal consulting should be provided to couple by legal professionals who are knowledgeable about family and marriage laws in the relevant jurisdiction is important. Understanding legal rights and responsibilities can contribute to a smoother marriage process. Lastly, the couples should Build a strong support network within communities that are open to interfaith relationships can help couples navigate challenges and find social acceptance.

References

1. Shafin Jahan V. Ashokan K.M., 2018 SCC OnLine SC 343
2. Supriyo @ supriya chakraborty & anr Vs. Union of India 2023 INSC 920
3. Lata Singh Vs State of Uttar Pradesh 2006 AIR  SC 2522
4. Family law, Dr Paras Diwan,978-93-95759-10-6,13th Edn.
5. Muslim Law in India And abroad, Tahir Mohammed, 9789350356975, second edn.
6. Outlines of Muhammadan law, Asaf A. A. Fyzee.978-0-19-564814, 9th edition 
7. The Muhammadan Law, Sircar Shama Churun, 1875