The author has discussed the essentials and concepts of marriage and divorce as per Hindu and Muslim Laws. Marriages in India are one of the most important social institutions that bind a family. In India before the enactment of any act or code, marriages were usually governed by social traditions, customs which have been prevalent in that particular community or tribe from time immemorial. It also aimed to prevent any anomaly which existed in a particular community. Therefore Marriage and Divorce provisions have been separately drafted in the act. Divorce was said to be recognized only in the Islamic Jurisprudence but in later times it became a part of all religions and communities. This article specifically deals with the essentials and process of marriage and divorce in Hindus and Muslims.
This collection of verses and hymns was written in Sanskrit and contains revelations received by ancient saints and sages. Most scholars believe Hinduism started somewhere between B. But many Hindus argue that their faith is timeless and has always existed. Around B. Rituals, such as sacrifices and chanting, were common in the Vedic Period.
Hindus began to emphasize the worship of deities, especially Vishnu, Shiva and Devi. The concept of dharma was introduced in new texts, and other faiths, such as Buddhism and Jainism, spread rapidly. Hinduism and Buddhism have many similarities.
Buddhism, in fact, arose out of Hinduism, and both believe in reincarnation, karma and that a life of devotion and honor is a path to salvation and enlightenment.
The Medieval Period of Hinduism lasted from about to A. New texts emerged, and poet-saints recorded their spiritual sentiments during this time. In the 7th century, Muslim Arabs began invading areas in India. During parts of the Muslim Period, which lasted from about toIslamic rulers prevented Hindus from worshipping their deities, and some temples were destroyed. Indian statesman and activist Mahatma Gandhi, Between an the British controlled India.
At first, the new rulers allowed Hindus to practice their religion without interference. But later, Christian missionaries sought to convert and westernize the people. Many reformers emerged during the British Period. The partition of India occurred inand Gandhi was assassinated in British India was split into what are now - simplybeyondexpectations.com nations of India and Pakistanand Hinduism became the major religion of India. Starting in the s, many Hindus migrated to North America and Britain, spreading their faith and philosophies to the western world.
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An early 18th century depiction of Devi revered by Brahma, Vishnu, and Shiva. Hindus worship many gods and goddesses in addition to Brahman, who is believed to be the supreme God force present in all things. Followers of Hinduism can visit the Mandir any time they please. Hindus can also worship at home, and many have a special shrine dedicated to certain gods and goddesses. The giving of offerings is an important part of Hindu worship.
Others believe that all the deities are a manifestation of one. The caste system is a social hierarchy in India that divides Hindus based on their karma and dharma. Many scholars believe the system dates back more than 3, years.
Hindu marriage harmonizes two individuals for ultimate eternity, so that they can pursue dharma (Truth), arth (meaning), and kama (physical desires). It is a union of two individuals as spouses, and is recognized by liveable continuity. In Hinduism, marriage is followed by traditional rituals for simplybeyondexpectations.com fact, marriage is not considered complete or valid until consummation. Hi Guys, I am a Hindu based family from Chennai, my mother is a orthodox Hindu based family and even she won't wore her footwear due to much affection on god. My dad was very much addict on his caste, so my parents have their own sets of dreams t. Jul 11, I am an Indian and a Hindu. For lazy people, here's the short version "It's not forbidden; just that the need didn't exist before." Long Version: I'll approach the question in a different fashion relating the origin of practices, and cultu.
Many subcategories also exist within each caste. Today, the caste system still exists in India but is loosely followed. Many of the old customs are overlooked, but some traditions, such as only marrying within a specific caste, are still embraced. A Pakistani Hindu family offers prayers and light candles as they mark Diwali, the Festival of Lights, in Lahore, History of Hinduism, BBC. But if you see something that doesn't look right, click here to contact us! Subscribe for fascinating stories connecting the past to the present.
Zoroastrianism is an ancient Persian religion that may have originated as early as 4, years ago. A divorce is either by the act of the husband or by the act of the married person. If marriages are solemnized with validity below Muslim law, then a husband and woman each are liberated to offer divorce to every different.
According to section 5 of the Hindu Marriage Act, a valid marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely This section lays down five conditions for a valid marriage. They are as follows:. Hindu law specifically prohibits polygamy. The parties to the marriage should not suffer from unsoundness of mind, mental disorder or insanity. Unsoundness of mind should be of permanent nature to claim this defense as a ground.
It has to be proved that at the time of marriage the bridegroom has completed the age of 21 years and the bride has completed the age of 18 years. If a marriage is solemnized in contravention of this condition, it is neither void nor voidable. It is also said to be a flaw in Hindu Marriage Act because in this parties have a right to approach the court before the age of 18 years to get their marriage annulled but what will happen if a boy contracts a marriage at the age of 20 years, he is not given the option to get his marriage rescinded.
A marriage between 2 persons who come back among the degrees of prohibited relationship shall be void. The parties to the marriage should not be related to each other as Sapindas.
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A marriage between sapindas is void. Under Section Sapinda relationship with reference to any person which extends as far as the third generation inclusive in the line of ascent through the mother, and the fifth inclusive in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation. No such marriage would be permitted if it has been proved that the same is allowed by a particular custom and traditions of one party.
In cases of Muslims. For a valid Islamic marriage, the following conditions must be satisfied: 1. There must be a clear proposal and acceptance as a prerequisite 3. Free consent of both parties 4. There must be No Legal disability and discourse. Every Muslim of sound mind who has attained the age of puberty is free to enter into a contract of marriage.
Puberty means an age where the adult becomes capable of procreation of a child. The age of puberty in Muslim law is normally presumed to be 15 years but if it is proved that a male or female is capable of procreation of child then marriage could be legally solemnized in cases of Muslim marriages. However the Child Marriage restraint act specifically states the age of marriage as 21 years in cases of male and 18 years in cases of female, then also the provisions of Muslim Marriage act would overrule the Child restraint Act and thus Muslims, in this case, are not liable to be punished.
Since Marriages in Muslim law are of contractual nature. So, there must be a proposal and acceptance at the same meeting. The proposal and acceptance must both be expressed at one meeting; a proposal made at one meeting and acceptance made at another meeting does not make a valid Muslim marriage.
Neither writing nor any religious ceremony is essential. Under the Sunni law, the proposal and acceptance must be made in the presence of two male Muslims who are of sound mind and have attained puberty or one male and two female witnesses who are sane, adult and Muslim.
Absence of witnesses does not render marriage void but makes it irregular. Under the Shia law, the proposal and acceptance need not be made in writing. Where the offer and acceptance are reduced into writing, the document is called Nikah nama or Kabin-nama. Also, there is no such provision of witnesses required but the same is required at the time of divorce. Free consent of the parties is absolutely necessary for a valid marriage. If there is no free consent a Muslim marriage is void.
Under the Muslim Law, when the consent to the marriage has been obtained by force or fraud, the marriage will be invalid, unless it is ratified.
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When a marriage was consummated against the will of the women, the marriage is void. Lunatics and Minors can freely contract their marriage if they contract it through their legal guardians because a minor and lunatic is unable to give free consent.
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The specification of guardians is different in cases of Shias and Sunnis. According to Section 2 7 of Dissolution of Marriage Act, if the marriage of minor girl has been contracted by father or grandfather then a minor girl can get her marriage annulled if following conditions are satisfied.
However, before the act situation was quite different but now the lacunae have been fixed by the law. Under Muslim Law, marriage under certain circumstances is prohibited or not permitted. The prohibitions can be classified into two classes:.
Hinduism - World's Oldest Religion Explained - Origins, Beliefs, Facts
In India, no Muslim marrying below or obtaining his wedding registered under The Special Marriage Act,will marry a second adult female throughout the lifespan of his spouse. Prohibited degrees of relationship Under the Muslim law marriage between persons who come within the blood relationship, or certain other relationship is prohibited.
The prohibited relationships are the following:. A marriage with a woman who comes within the relationship of consanguinity is absolutely void in cases of Shia Muslims but Marriages in cases of Sunnis are of irregular nature.
A man is prohibited from marrying as per Sharia Law. When a child is suckled and breastfeed by a woman other than its own mother, she becomes the foster mother of the child. A Muslim man is prohibited from marrying certain persons having a foster relationship.
However, Sunnis do not follow the same and thus there marriage among foster relations are valid. However the Sunni law, there are certain exceptions to the general rule of the prohibition on the ground of fosterage and a valid marriage may be contracted with: 1. If a woman violated this prohibition and narrowed a second wedding, the wedding is void and therefore the woman is at risk of being prosecuted for bigamy under section of the Indian legal cod e. However, the fifth wedding will be treated as valid when the death or divorce of anybody of the four wives of his earlier marriages.
According to the Shiah law wedding with the fifth adult female is void.
The witnesses must be of sound mind, adult and Muslim. According to Shia law, the presence of witnesses is not necessary. The marriage is contracted by the spouses themselves or their guardians in private are held valid. The absence of witnesses does not render the marriage void. Under Sunni law, a male can marry a Muslim female or a Kitabia a person who believes in a revealed religion possessing a Divine Book viz Christianity and Judaism.
A Sunni Muslim male can validly marry a Jewish or Christian female. But he cannot marry an idolatress or a fire-worshipper. A marriage, with an idolatress or a fire worshiper, is merely irregular and not void. But according to Prof. Both spouses are required to be Muslims. The marriage of a Sunni male with a Shia female is void. But as already discussed Shia Muslims can contract marriage with any Muslim or a person of Kitabia religion, Jews, Fire Worshipper in a Muta form of marriage.
Iddat is that the time period which is basically incumbent upon a lady, whose wedding has been dissolved by divorce or death of her husband and she has to stay in seclusion and to abstain from marrying another husband.
The aim behind this is to determine whether or not she is pregnant by earlier husband, so as to avoid confusion of the parentage of the kid. Muslims take into account the Iddat time period very seriously. The period of Iddat is prescribed as under:.
Under Sunni Law marriage with a woman undergoing Iddat is irregular and not void. Under Shia law marriage with a woman who is undergoing Iddat is void. One of the most important conditions of a Muslim marriage is the payment of Mahr or Dower. The provision of Dower in the Muslim Marriages is said to be invented by Prophet Mohammed because during the pre-Islamic times there was rampant prostitution going on due to which a man used to marry his daughter in return of another female and then that female was discarded by man which imposed arbitrariness and despotism on the part of women.
Therefore it became very necessary to find a solution to this and thus dower came for their rescue. A dower is said to be a consideration to be paid to a woman at the time of her marriage. According to some sources of Muslim law, there needs to be a minimum dower of 10 dirhams and a maximum of dirhams but in the present world, it is of a meager value. Therefore the above conditions hold no good value. Dower consists of two types. It is a type of dower which needs to be paid at the dissolution of marriage.
Dower holds great importance, even if it has been not fixed at the time of marriage the same will be fixed at the later stage basically at the time of dissolution of marriage. Thus it is one of the most essential grounds in cases of Muslim marriage.
PS : If Prompt Dower is not paid at the time of marriage, it does not necessarily become deferred dower. However, it is to be also noted that Muslims and Hindus can freely marry each other or a person of any other caste as per the provisions of the Special Marriage Act.
There is no such bar which can be enforced on adults to marry on the basis of religion but then their marriage will be registered under provisions of Special Marriage Act. Divorce and its grounds in cases of Hindus and Muslims are different from each other. It is said to be the result of various theories of Divorce which are as follows:. Hindu Marriage bases its grounds of divorce on the fault theory and section 13 113 2 states grounds of divorce and after amendment section 13 B was added which states Mutual consent as a ground for divorce.
Grounds for Divorce are as follows:. Adultery may be defined as the act of a married person having sexual intercourse with a person of opposite gender other than the wife or husband of the person. Personal laws all around the world condemn adultery and it is considered as a ground for divorce or separation.
In adultery, there must be voluntary or consensual sexual intercourse between a married person and another. The Indian Courts time and again had stressed that adultery has to be proven beyond any reasonable doubt.
Dastane he apex court held that there certainly is no necessity of the presence of proof beyond reasonable doubt where personal relationships are involved especially those between a husband and wife. The provision states that the parties to a marriage may file for a decree of judicial separation under any of the grounds mentioned in Section 13 1. The concept of cruelty has been of changing times.
Cruelty not only includes a physical injury but it also includes mental injury as well. While physical cruelty is easy to determine it becomes very difficult to determine mental cruelty. Physical cruelty has been specifically dealt with as a physical injury or physical violence which inflicts pain to one party. At the point when an appeal is documented, the initial step is demonstrating the reality of intention and the goal independently while the second step is to demonstrate their union.
It is anything but difficult to demonstrate the physical act of intention either from the conductor from the condition of psyches. The trouble emerges on demonstrating the hostility is the expectation for desertion.
This aim is required all through the time of renunciation.
Apart from these elements in the deserting spouse, there are two other elements which have to be present in the deserted spouse:.
The petition for divorce on the grounds of desertion can be filed only after a period of two years from the commencement of the co-existence of animus and the factum.
Desertion can come to an end and can be terminated in the following ways:. The concept of marriage is a sacrament. This bond is considered religious, moral and social of mutual duties and obligations.
The Hindu marriage act has proposed two conditions when conversion as a ground for divorce can be invoked, these are. To prove Insanity as a ground of divorce following requirements has to be satisfied.
It had been recognized as a ground for divorce by Hindu Marriage Act but in Feb.