The point of discussion of this paper is to know about the few specific rules relevant to marriage in muslims. It considers the inter-faith marriages according to Sharia Law. It answers the query that what does the Sharia law say about this issue and how does it deal with the marriage of Muslim people to non-Muslims. In addition to it, when we study islamic jurisprudence, we came across different sects of muslims, thus, the paper at hand also figure out the inter-sect marriages, and their status in Sharia law. This paper precisely explores the view of interfaith and intersect marriage in Islam.
In religion of Islam, “marriage” is considered as holy and spiritual agreement, it is crucial and necessary to recognize the gist of the religion of Muslims: ‘Islam’. In a literal senses, a muslim wedding is a simple civil agreement involving a marriage proposal of the woman by way of herself or her mother or father and acceptance via the man who can pay a dower as consideration. Proposal or offer to marry can be from man side.
Shari’a law incorporates some specific regulations related to succession, alimony, dower, and dissolution of marriage, but, it gives space to the people, and parties, involved in a contract, are free to add and settle clauses according to their wish. Inter-religion marriage:-A man in Sunni law may marry a muslim woman or a kitabiya (people of book); but a Muslim woman cannot marry anyone except a Muslim. It is necessary to explain the terms Kitabi and kitabiya, the former of which refers to a man and latter to a woman. A kitabi is a man believing in a relevated religion possessing a Divine Book. The words kitabi and kitabiya have also been rendered “scriptuary”. Mostly, this term applied only to Jews, and to Christians each of whom possesses a revealed Book. There is a saying in Qur’an that those who are unbelievers will be the ‘inmates of the fire.
‘As a result, a muslim man is restricted to marry the woman who is not kitabiya and they can’t enter into a valid marriage. According to Holy Quran, the marriage of a muslim woman with non believers is declared batil (void). A rule among Shias is stricter. A Shia, a male or a female is not allowed to build a marital relationship by the agreement of nikah; but a male shia have an option to contract a mut’a marriage (temporary marriage) with a kitabiya.
In Pakistan, muslim can lawfully marry a woman, who is christian or jewish by faith, according to the tenets of Muslim Law. I believe that all religions are equal before the law. Many times, the question arose in my mind that, when a Christian woman marries a muslim man, which law prevails between both? Do the woman have a right to register her marriage according to her personal law? So, I consider this case in the context of law of pakistan. Marriages between Muslim and Christians have been fairly frequent. A muslim woman is not allowed to be wed with a Christian man; such kind of relationship is declared as void. But a muslim man may marry a Christian woman in accordance with a muslim law.
Such a marriage must be in Pakistan solemnized in accordance with the provisions of the Christian Marriage Act 1872. The marriage of a christian must take place in the presence of a marriage registrar else it would be “void”. Since a muslim woman cannot lawfully marry a non-muslim, she can’t be married to a Christian under the provisions of this Act. Inter-sect marriages:-Muslim people of different sects can intermarry with each other with their free will and consent. Disparity between school of law such as Shia or Sunni, Hanafi or Maliki doesn’t matter and it is wholly extraneous and immaterial. Each spouse retains his or her own status on marriage and no rule of law compels the wife to adopt the sect of husband; there is thus no emergence as in the law of domicile. There is no law in Sharia which negates inter-sect marriages. These marriages are legally binding, and officially accepted.
I, being a citizen of Pakistan, speak up in the favour of intersect marriages. I hope that this culture will play a better role in minimizing the religious sectarianism in our country. I am optimistic and foreseeing more humane and tolerant society with less prejudice. This may prevail tolerance and mutual respect among the people of different sects.