Legal Query
Can Muslim woman and a Christian man get married in Pakistan? What family law would govern their marriage?
Legal Opinion
This is one of those grey areas in Pakistani law which needs to be considered in entirety. The supreme Pakistani law, the constitution of Pakistan 1973, gives every citizen of the Pakistan the freedom of religion (article 20) which includes the right to choose one's faith.
While the statutes are more or less silent, Karachi High Court in its judgment in the matter of Muhammad Ishaq Yaqoob v. Umrao Charli 1987 CLC 410 ruled that a marriage between a Muslim woman and a Non-Muslim man is "void ab initio and invalid". Exception under Hanafi Islamic Law may be made for Muslim men marrying Ahl-e-Kitab women.
The real question is whether there is a method to protract a secular marriage under civil law in Pakistan. It must be remembered that Pakistan after 1947 took a constitutional position repeatedly that all laws enforced before the creation of Pakistan- even if considered repugnant to Islam- shall remain enforced till they are repealed or amended by a Pakistani legislature. Therefore we must consider whether a citizen of Pakistan describing himself a Muslim is some how bound to follow the Islamic law of marriage. Section 1(2) of the Muslim Family Law Ordinance 1961 states: It extends to whole of Pakistan, and applies to all Muslim citizens of Pakistan, wherever they may be.
The only course of action for such a Muslim woman thus is to
1. either convert the Non-muslim man to Islam
2. To convert to the religion of the Non-Muslim man i.e. Christian
3. Declare that she is no longer a Muslim and contract a civil marriage as a Non-Muslim citizen of Pakistan.
This is purely a legal position and is not a comment on the fairness or unfairness of these laws.
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The answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
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The answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
Thank you so much guys for giving such kind of information. This will assist me a lot.
ReplyDeleteread about domestic violence
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The answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
The answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
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ReplyDeleteThe answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
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ReplyDeleteThe answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.
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ReplyDeleteThe answer to the question has always been an emphatic NO. Guarding the flock is a human trait and no tradition wants to lose a member of their tradition to the other, whether you are a Hindu, Christian, Sikh or a Jew, Republican, Democrat, Libertarian or new, indeed, any tradition for that matter. Muslims are no exception either and there is no need to beat up on Islam for a deficiency in comprehension.
DeleteThis paper explores on possible causes for the Yes or No response, and what happens if that cause is not there anymore. The main source of Islamic knowledge is Quran and Hadiths that are authentic and reflect the personality of the prophet; a mercy to mankind.
Quran does not expressly forbid Muslim women marrying non-Muslim men and neither prophet has expressly forbidden it. Read the verses again particularly the oft quoted verses 60:10 and 2:221. There is an advisement to marry with whom you are compatible, and whom you can live in harmony with. It is a relational guidance that a believing bondsman is better than a non-believing man and vice-versa for men. The comparison is for one to understand that the social status is not important, but harmony is.
Marriage is all about harmony – God wants his creation to live in harmony. You don’t want to live with someone with conflicts throughout the day. If you find a spouse who can live with you in harmony despite religion, race or region, than that ‘advisement’ or the conditions is not applicable anymore. After all, God is the one who puts love between two souls and it the couple who has to live their lives.
In verse 60:10 disbelievers were those individuals who prevented the believers to practice their faith; there was an element of hostility between them. But today, most people of faith are believers in God in one fashion or the other. But those who do not believe in God will have difficulty to live with those who do believe, and it is not advisable to marry them. It is about compatibility and harmony and not religion or other case.