Comparison of Marriage under Hindu Law and Muslim Law

Sindhuja D and Sunita Choudhary
Presidency University, Banglore, India.

Volume IV, Issue I, 2021

Marriage can be considered as an important and prime event in an individual’s life. Irrespective of any beliefs, rules, regulations, faith, etc. every religion is having the concept of marriage. Both Hindu law and Muslim law irrespective of so many distinction in their respective religion, gives great importance to marriage. However, the approach that these two religions are having towards marriage is completely different from each other. In simple terms, we can say that both the religions are having same destination but are taking different paths to reach there. According to Hindu law, marriage is harmonizing the two-individual eternity, so they can pursue dharma, Arth and Kama. On the other hand, according to Muslim law, marriage is the legal contract between the two individuals with their consent and the own will. This research paper will do a comparative analysis on marriage under Hindu law and Muslim law. In comparative analysis, first, we will examine the aim and objective of both religious marriages according to their religious sources. Second, we will also explain how the aim and objective of the religious marriage is totally different from each other by comparing from their respective religious sources. Third, we will compare the nature of both the marriage and lastly, we will see how they are considering inter religious marriage under Hindu law and Muslim law. Also, this paper will deal with the validity of the Hindu and Muslim marriage. Both the religions are having a distinct approach towards marriage, which will be dealt with in this research paper.

Keywords: Dharma, Arth, Karma, legal contract, validity.