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5 days ago3 min read

Can Family Members Marry?

There Are Several Prohibitions On Marriage Under Indian Muslim Law, Especially About Relationships That Are Forbidden. The Law Forbids Some Relationships; Hence, It Is Illegal For Someone To Marry A Specific Class Of Relatives. Among These Forbidden Ties Are Those Involving Blood, Marriage, And Foster Care.


Indian Muslim Law Has Prohibited Relationships


  • Blood Relations: No One Is Allowed To Marry Their Mother, Grandmother, Daughter, Grandchild, Sister, Niece, Great-Niece, Aunts, Or Great-Aunts. Furthermore, It Is Forbidden For Someone To Wed Someone With Whom They Are Also Related Through Their Relations.

  • Relationships In Marriage: A Man Is Not Allowed To Wed The Mother, Grandmother, Daughter, Or Granddaughter Of His Wife. In The Same Vein, A Person Cannot Wed The Mother, Grandmother, Daughter, Or Granddaughter Of Their Husband.

  • Foster Relationships: Foster Relationships Are Subject To The Same Restrictions As Those On Marriage And Blood Relatives. For Instance, A Guy Cannot Wed The Daughter Of His Foster Mother.


Muslim Indian Law Regarding Cousin Marriage


In Indian Muslim Law, It Is Permissible For Cousins To Marry, But It Is Crucial To Make Sure The Union Is Voluntary And Complies With Islamic Law. According To Islamic Law, A Marriage Cannot Be Deemed Lawful Unless Both Parties Agree To Live As Husband And Wife.

A Crucial Component Of The Islamic Marriage Ritual Is The Parties' Announcement Of The Marriage, Ideally In Public. Under Traditional Islamic Law, Two Witnesses Are Not Always Required For A Marriage To Be Lawful.


No Law Or Regulation In India Mandates That A Muslim Married To A Government Official Register Their Marriage. However, Muslim Weddings Must Be Registered In Several States, Like Assam, Bengal, And Bihar. For A Marriage To Be Recognized By The Law As Legitimate, It Is Imperative That It Be Performed By Islamic Law And That All Procedures Are Fulfilled.


Additional Prohibitions


  • According To Shia Law, Marriages Made During Pilgrimages Are Null And Void.

  • Reunion Of A Divorced Couple: A Muslim Woman Must Perform A Lawful Marriage With Another Man According To A Set Of Rules. Then, Her Spouse Must Choose To End Their Marriage Amicably. The Woman Must Next Carry Out Iddat. She Is Now Free To Wed Her Ex-Husband. The Marriage Is Deemed Irregular If This Process Is Not Followed.

  • A Woman Who Is In The State Of Polyandry Has More Than One Husband. It Is Against Muslim Law To Do So.


Registration


Muslim Law Does Not Require Marriages To Be Registered. Assam, Punjab, Bengal, Bihar, And Orissa Are Among The Few States That Have Passed Legislation Allowing For The Registration Of Muslim Marriages. A Legitimate Muslim Marriage Does Not Require Registration, Although It Does Serve As An Official Document. In The Seema V. Ashwani Kumar Case, The Supreme Court Ruled That Indian Citizens' Marriages, Regardless Of Their Faith, Ought To Be Recorded In The States In Which They Are Solemnized. 


Additionally, The Madras High Court Noted In The Case Of M. Jainoon V. Amanullah Khan That While Marriage Registration Is Not Required, It Could Not Be Argued That Muslim Personal Law Forbids Marriage Registration.


An Affidavit By Both Parties Stating The Location And Date Of The Marriage, Their Birthdate, Their Marital Status At The Time Of The Marriage, And Their Nationality, Three Passport-Size Photos Of The Couple And Two Photos Of The Marriage, A Marriage Invitation Card, And Three Witnesses With Id Proof (Two Passport-Size Photos Each) Are Among The Required Documents For The Registration Process.


In Conclusion, Although Indian Muslim Law Permits Cousin Marriages, It Is Important To Make Sure That The Union Is Voluntary And Complies With Islamic Law. It Is Important To Carefully Evaluate The Relationships That Indian Muslim Law Prohibits To Make Sure That The Marriage Is Lawful And Meets All Legal Requirements.


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