Answer By law4u team
Under Muslim law in India, a Muslim woman cannot marry a non-Muslim man. This is based on traditional Islamic jurisprudence and the interpretations of the Quran and Hadiths, which prohibit Muslim women from marrying non-Muslim men. Key Points: Marriage to Non-Muslim Man: According to Islamic law, a marriage between a Muslim woman and a non-Muslim man is not permissible, as it goes against the concept of "Islamic compatibility". The faith of the husband is considered an important factor, and a Muslim woman is required to marry a Muslim man. Marriage to Non-Muslim Woman: However, under Islamic law, a Muslim man can marry a woman who is from the "People of the Book" (i.e., a Christian or Jewish woman) without her converting to Islam. Legal Framework: Personal Laws: Muslim personal law governs the personal matters of Muslims, including marriage, and it is based on Islamic teachings. Special Marriage Act, 1954: While Muslim law does not allow a Muslim woman to marry a non-Muslim man, if both parties choose to marry under the Special Marriage Act, 1954, they may do so irrespective of their religion. This act allows for a secular marriage, but the parties would not be married under Muslim law. Exceptions or Legal Remedies: Conversion: In some rare cases, if the non-Muslim man converts to Islam, then the marriage could be considered valid under Muslim law. However, this is based on the individual’s choice of religion and must be done sincerely. In summary, under traditional Muslim law, a Muslim woman cannot marry a non-Muslim man, but such a marriage could take place under the Special Marriage Act, where religious laws are not applied.
