|
<%-- Page Title--%>
<%-- Navigation Bar--%>
<%-- Navigation Bar--%>
|
|
Your
Advocate
This
week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh.
His professional interests include civil
law, criminal law and constitutional law.
Q: Would you please
let me know the legal procedure in Bangladesh
if a non-Muslim man would like to get married a Muslim woman.
Thanks & regards.
Abhi.
Your advocate: Your question is of general
type. Since this is a problem-oriented column a general discussion on
a major topic is not called for as the same leads us nowhere. You may
have gone through the ''Your Advocate" columns of 21st and 28th December
last which cover much of your area of interest. You will notice from the
reply given there that this a topic replete with controversies claiming
extensive discussion which is not possible in this short span. I will
simply try to address your interest area on a broader outline. Under the
Muslim law more or less agreed upon position is that a Muslim female cannot
contract a valid marriage except with a Muslim. There is a serious controversy
upon the question whether her marriage with a Christian, Jew, idolator
or fire-worshipper would be irregular or void. The majority view is that
it is void. A Muslim male of course, can contract a valid marriage with
a Muslim, Jew or Christian woman and not with an idolatress, i.e., Hindu
or fire-worshipper. His marriage with an idolatress or fire-worshipper
is not void but irregular. The main effects of irregular marriage are,
a) the issues of the marriage are legitimate b) the wife is entitled to
dower and c) it does not create mutual rights of inheritance between husband
and wife. In our country , a marriage between a Muslim male and Christian
female must be solemnised in accordance with the provisions of the Christian
Marriage Act,1872. But since a Muslim woman cannot contract a valid marriage
with a Christian, such marriage therefore, cannot be solemnised under
that Act. In Shia law a marriage between a Muslim male and a non-Muslim
female is unlawful and void.; and so also is a marriage between a Muslim
female and a non-Muslim male.
With the passage of time the issue of inter-religious
marriage is gradually coming to the fore. In view of the peculiarities
of the personal laws in more cases than not it is impossible to arrange
a valid marriage between the intending parties maintaining their respective
faith. The Special Marriage Act, 1872, provides a form of marriage which
may be celebrated under this Act between persons neither of whom professes
the Christian, the Jewish, the Hindu, the Muslim, the Parsi, the Buddhist,
the Sikh or the Jaina religion or between persons each of whom professes
one or other of the following religion, that is, Hindu, Buddhist, Sikh
or Jaina religion. The law also legalises the marriages of doubtful validity.
For a Christian, Muslim, Jew or Parsi, in order to marry one belonging
to Hindu, Buddhist, Sikh or Jaina religion, or conversely for one belonging
to either of the latter four religions but intending to marry a Muslim,
Christian, Jewish or Parsi, there is no other accepted way but to renounce
their respective faith and declare that none of the parties to the marriage
professes any religion so as to bring the marriage within the sweep of
this law.
You
will have to find your way out from the maze of the complicated body of
personal and secular laws governing the area. |