Explain Various Forms of Marriage under Hindu Law and Muslim Law

The test for determining whether a marriage is «asura» or not was established in Kailasanatha Mudaliar v. Parasakthi Vadivanni, 1931. When the groom gives money or anything money to the father of the bride (such as wheat, cows, etc.), for his benefit or in exchange for his marriage to his daughter, the asura marriage is called. This form of marriage is considered inferior to Brahma marriage because the father in Daiva takes advantage of it by using his daughter as a sacrifice, and also because it is considered humiliating for women to look for a groom. In modern times, as explained in A. L. V. R. S.

T. Veerappa Chettiar vs S. Michael Etc, 1962, there are only 2 forms of marriage, namely Brahma and Asura. According to Mulla, «a marriage between a Muslim woman and a non-Muslim man is irregular.» But according to Professor Fyzee, «such a marriage is completely null and void.» Under Shia law, marriage to a non-Muslim is void. Both spouses must be Muslims. The marriage of a Sunni to a Shia woman is null and void. The marriage of a Muslim woman to a non-Muslim man, whether Christian, Jewish or idolatrous, or a fire worshipper, is void under Shia law. But as already discussed, Shia Muslims can marry any Muslim or person of the Kitabia religion, Jews, fire worshippers in a muta form of marriage. Since marriages under Muslim law are contractual in nature. There must therefore be a proposal and adoption at the same meeting. Both the proposal and the adoption must be expressed in a single meeting; A proposal made at one meeting and accepted at another meeting does not make a valid Muslim marriage. Neither writing nor religious ceremonies are essential.

Muslims put pressure on the government, a law known as the Muslim Women (Protection of Rights in Case of Divorce) Act (1986) was passed by the government in 1986. As a result of this law, the traditional customary law of the Muslim community is recognized as legitimate. According to this norm, divorced women are only entitled to the amount of surplus remaining after the time of dating. After all that has been said and done, all cases involving Muslim women and their requests for assistance under article 125 of the Code of Criminal Procedure have been successfully dealt with by the courts. In accordance with article 2, paragraph 7, of the Dissolution of Marriage Act, if the marriage of a minor girl was contracted by the father or grandfather, a minor girl may have her marriage annulled if the following conditions are met. In Reema Aggarwal vs Anupam And Ors, 2004, the Supreme Court discussed the possibility that Brahma marriage was at the origin of the dowry system in India, but did not reach a conclusion. According to the author, «Brahma» marriages do not give rise to dowry cases, because the girl`s father himself voluntarily gives gifts to the groom. There is no external pressure from the groom after the Manu-Smriti. In practice, however, the groom may use the custom of «exchanging gifts» to harass and pressure the bride and her parents to give a dowry. Also after Manu, the son of a woman who is married according to the rites of Brahma frees ten ancestors and descendants.

According to Sunni law, the proposal and acceptance must be made in the presence of two sane Muslim men who have reached puberty, or one healthy male and two witness women, adults and Muslims. The absence of witnesses does not invalidate the marriage, but makes it irregular. According to Shia law, proposal and acceptance do not require written form. If the offer and acceptance are reduced in writing, the document is called Nikah nama or Kabin-nama. Such a provision of witnesses is not required either, but it is also required at the time of divorce. Normative texts, Dharma texts and some Gṛhyasūtras classify marriage into eight different forms: Brahma, Daiva, Arsha, Prajapatya, Asura, Gandharva, Rakshasa, Paishacha. This order of forms of marriage is hierarchical. The Arabic word «Nikah» (marriage) means «union of the sexes» and in law it means «marriage» Nikka basically means two things, first, unity and second, a marriage contract between two parties.[4] The reason for marriage between Muslims is the union of two sexes to ensure a family and a lineage [5].

In Muslim law, nikah is a contract for the legalization of sexual intercourse and the procreation of children. Legally, a Muslim marriage is considered a contract; Because the elements that make up a marriage and the way it is concluded are almost similar to those of a civil contract. The elements that define the contractual character of a Muslim marriage are as follows: In India, no Muslim who marries or registers his marriage under the Special Marriage Act of 1954 will marry a second adult woman for the entire life of his wife. The parties to the marriage must not be related to each other as Sapindas. A marriage between Sapindas is null and void. This form of marriage was practiced by the Kshtraiyas or military classes. The «Rakshasa» marriage is similar to the right of a victor over the person imprisoned in war. This article was written by Vishesh Gupta of the Law Institute, Nirma University, Ahmedabad. This article deals with the different forms of approved and unapproved marriages in the Hindu religion.

Even the Supreme Court of India in Koppisetti Subbharao v. A.P. State recognized the existence of 8 forms of marriage given by Aryan Hindus. One of the most important conditions of a Muslim marriage is the payment of Mahr or Dower. The purpose of dowry in Muslim marriages is said to have been invented by the Prophet Muhammad because prostitution was prevalent in pre-Islamic times, due to which a man married his daughter in exchange for another woman and that woman was then rejected by a man, which imposed arbitrariness and despotism on women. Therefore, it became very necessary to find a solution to this, and so the dowry came to their rescue. A dowry is supposed to be a consideration to be paid to a woman at the time of her marriage. It is usually determined by certain criteria such as the social position of a family, the beauty of a girl, the position of the girl`s family, etc. According to some sources of Muslim law, there must be a minimum dowry of 10 dirhams and a maximum of 500 dirhams, but in today`s world it has only a meagre value. Therefore, the above conditions do not have a good value.

The dowry consists of two types. There are many other reasons for cruelty developed by various court decisions, such as the father of a daughter who distorts women`s virginity was also considered cruelty by the court. It must be proven that the groom was 21 years old at the time of the marriage. and the bride reached the age of 18. If a marriage is contracted in violation of this condition, it is neither void nor voidable. It is also said that this is a mistake in the Hindu Marriage Act because in this region, the parties have the right to appeal to the court before the age of 18 to have their marriage annulled, but what happens if a boy enters into a marriage at the age of 20, he does not have the opportunity to annul his marriage. The eight forms of marriage, as prescribed in Dharma texts such as Manu-smriti, were created according to the different castes of the people. Recognized forms of marriage were mainly practiced by Brahmins. Unauthorized forms were usually practiced by Kshatriya, Vaisya and Shudra. Diplomas of relationship prohibited Under Muslim law, marriage between people who fall into consanguinity or another special relationship is prohibited. Forbidden relationships are as follows: This form of talaq was considered the most appropriate form of divorce and was divided into two forms: Khula and Mubarat are two forms of mutual divorce, but in both cases, the woman must part with her dowry or part of another property.

Thus, a Muslim is free to divorce by sacrificing his mahr if he wants to divorce in the Khula and Mubarat format. However, this form of marriage was not considered noble, as marriage was treated as a commercial enterprise in which the bride was exchanged for cows and bulls. The free consent of the parties is essential for a valid marriage. If there is no free consent, a Muslim marriage is void. According to Muslim law, marriage is invalid if consent to the marriage was obtained by force or fraud, unless it is ratified. If a marriage has been consummated against the will of the women, the marriage is null and void. Lunatics and minors can marry freely if they enter through their legal guardians because a minor and a madman are unable to give their free consent. The specification of guards is different in the case of Shiites and Sunnis. 1) Illegal union It is forbidden for a man to marry 2 women at the same time if they are bound by consanguinity, affinity or foster family, so they might not have been legally married to each other if they had been of a different sex. therefore, a Muslim cannot marry his adult wife`s sister as long as she is alive. However, he will create the valid marriage by marrying the sister of his adult wife as soon as the death or divorce of his original wife occurs. Marriage to 2 of these women is an illegal union.

According to Sunni law, a marriage that violates the rule of illegal union is not null and void, but exclusively irregular. But according to religious sectarian law, a marriage that violates the rule of illegal union is null and void.