Comparison between marriage under hindu law and muslim law

Consanguinity means blood relationship and bars a man from marrying: His mother or grandmother how highsoever, His daughter or grand-daughter how lowsoever, His sister whether full, consanguine or uterine, His niece or great niece how lowsoever, His aunt fathers sister, mothers sister or great aunt, how highsoever, whether paternal or maternal A marriage with a woman prohibited by reason of consanguinity is void. Issues from such marriage are illegitimate. Affinity prohibits a man from marrying:

Comparison between marriage under hindu law and muslim law

Talaaq-i-sunnat is considered to be in accordance with the dictats of Prophet Mohammad. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing.

Similarly, this requirement is not applicable when the wife has passed the age of menstruation or the parties have been away from each other for a long time, or when the marriage has not been consummated.

The advantage of this form is that divorce can revoked at any time before the completion of the period of iddat, thus hasty, thoughtless divorce can be prevented. The revocation may effected expressly or impliedly. Thus, if before the completion of iddat, the husband resumes cohabitation with his wife or says I have retained thee" the divorce is revoked.

Resumption of sexual intercourse before the completion of period of iddat also results in the revocation of divorce.

The Raad-ul-Muhtar puts it thus: In this the husband is required to pronounce the formula of talaaq three time during three successive tuhrs.

If the wife has crossed the age of menstruation, the pronouncement of it may be made after the interval of a month or thirty days between the successive pronouncements.

Difference between Hindu & Muslim Marriages

When the last pronouncement is made, the talaaq, becomes final and irrevocable. It is necessary that each of the three pronouncements should be made at a time when no intercourse has taken place during the period of tuhr.

W, a wife, is having her period of purity and no sexual intercourse has taken place. At this time, her husband, H, pronounces talaaq, on her. This is the first pronouncement by express words. Then again, when she enters the next period of purity, and before he indulges in sexual intercourse, he makes the second pronouncement.

He again revokes it. Again when the wife enters her third period of purity and before any intercourse takes place H pronounces the third pronouncement.

The moment H makes this third pronouncement, the marriage stands dissolved irrevocably, irrespective of iddat. It came into vogue during the second century of Islam.

It has two forms: This type of talaaq is not recognized by the Shias. This form of divorce is condemned. It is considered heretical, because of its irrevocability. Besides talaaq, a Muslim husband can repudiate his marriage by two other modes, that are, Ila and Zihar.

They are called constructive divorce. In Ila, the husband takes an oath not to have sexual intercourse with his wife.

Comparison between marriage under hindu law and muslim law

Followed by this oath, there is no consummation for a period of four months. After the expiry of the fourth month, the marriage dissolves irrevocably. But if the husband resumes cohabitation within four months, Ila is cancelled and the marriage does not dissolve.

After the expiry of the fourth month, the wife is simply entitled for a judicial divorce. If there is no cohabitation, even after expiry of four months, the wife may file a suit for restitution of conjugal rights against the husband.

In this mode the husband compares his wife with a woman within his prohibited relationship e. The husband would say that from today the wife is like his mother or sister.

After such a comparison the husband does not cohabit with his wife for a period of four months.

Modes of Divorce:

Upon the expiry of the said period Zihar is complete. After the expiry of fourth month the wife has following rights:Marriage under Muslim law has similar characteristics as a contract.

[vi] For instance: As marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other so is the contract. Family laws, Hindu Law, Muslim Laws, Special Marriage Act, Divorce Advice, Marriage Registration and Divorce lawyers in India are discussed Family Law in India An Insight on Indian Family Laws - Marriage, Divorce, Adoption, Maintenance, Family law, Bankruptcy, Entertainment, Hindu Laws, Special Marriage Act!5/5(K).

Divorce under Muslim Law: Firm union of the husband and wife is a necessary condition for a happy family life.

Comparison between marriage under hindu law and muslim law

Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract. Difference between Hindu law and Muslim law • Categorized under Islam,Religion | Difference between Hindu law and Muslim law.

A Comparison of Hindu and Muslim Law

SHARIA. Sharia is the term given for Muslim law. The chief source of Sharia is the Quran which is considered the Divine law as revealed to Prophet Muhammad. Shah S.

Top stories

"Difference between Hindu law and . law of evidence - study notes. contents 1. introduction 2. relevancy and admissibility of facts 3. admissions and confessions Arranged marriage is a type of marital union where the bride and groom are selected by individuals other than the couple themselves, particularly family members, such as the benjaminpohle.coming on culture, a professional matchmaker may be used.

¨ Arranged marriages have historically been prominent in many cultures. The practice remains common in many regions, notably South Asia, though in many.

Whether Amendments Made To The Hindu Succession Act Are Achieving Gender Quality