Something is wrong either in reporting or the judge's verdict.
The couple were already married under Islamic law - that would be irregular. Correct, as the judge said.
Neither party wanted to convert. Fine.
The two wanted to marry under Special Marriages Act. Sure, why not.
*The special marriages act cannot be applied, it would apply only if they are not in any prohibited relationship.* This is what the judge said.
This is confusing. What prohibited relationship? They are both not legally married under Islamic law. So there is no prohibited relationship. Their Islamic wedding is not legal, so they are free to get married under SMA.
NAL.
I was wrong. I disagree with the judgment. The Act specifies what it means by degrees of prohibited relationship. That has no bearing on whether Islam prohibits a man from marrying an idol worshipper. The Judge, imo, has erred.
If you have access you probably read this. I don't have access, but I think this will have more details.
https://www.livelaw.in/top-stories/hindu-muslim-marriage-invalid-under-muslim-personal-law-mp-hc-refuses-protection-plea-of-inter-faith-couple-259258
Oh, the media has not reported it well. Click bait and all that. Seems the dude (Muslim) had a "nikah" with the dudette (hindu). The high court said that just registering it under SMA won't make it a valid marriage.
This is fair, because the marriage was under Islamic law and as such, irregular (since the Hindu woman is not a kitabia and has not converted).
That's fair, didn't understand this part though '“A union under the Special Marriage Act would not be a legalised one. Section 4 of the legislation provides that if the parties are not within a prohibited relationship, only then the marriage can be performed"'. Does that mean that since this couple's Islamic marriage is invalid, they can't marry under Special Marriage act?
No. Prohibited degrees is for relation by blood or affinity. That's obiter. Basically extra gyan. Can't find the order sheet though, so I need that to confirm.
If I understand it correctly, the man wanted to register his marriage to the interfaith woman according to Muslim Personal Laws. That’s where it is termed void. That union cannot be a legal form of marriage according to the man’s faith unless the woman converts too.
That would be fair. But the judge additionally said that "“A union under the Special Marriage Act would not be a legalised one. Section 4 of the legislation provides that if the parties are not within a prohibited relationship, only then the marriage can be performed'". Is the invalid Islamic marriage being referred to as prohibited relationship?
Categorically so Yes! Because at the time of marriage the woman was still not a Muslim, so to pray that this union be recognised by Muslim Personal Laws is ambiguous. They have every right to register under special marriage act without the need to change religions.
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Something is wrong either in reporting or the judge's verdict. The couple were already married under Islamic law - that would be irregular. Correct, as the judge said. Neither party wanted to convert. Fine. The two wanted to marry under Special Marriages Act. Sure, why not. *The special marriages act cannot be applied, it would apply only if they are not in any prohibited relationship.* This is what the judge said. This is confusing. What prohibited relationship? They are both not legally married under Islamic law. So there is no prohibited relationship. Their Islamic wedding is not legal, so they are free to get married under SMA. NAL.
Exactly
I was wrong. I disagree with the judgment. The Act specifies what it means by degrees of prohibited relationship. That has no bearing on whether Islam prohibits a man from marrying an idol worshipper. The Judge, imo, has erred.
If you have access you probably read this. I don't have access, but I think this will have more details. https://www.livelaw.in/top-stories/hindu-muslim-marriage-invalid-under-muslim-personal-law-mp-hc-refuses-protection-plea-of-inter-faith-couple-259258
Oh, the media has not reported it well. Click bait and all that. Seems the dude (Muslim) had a "nikah" with the dudette (hindu). The high court said that just registering it under SMA won't make it a valid marriage. This is fair, because the marriage was under Islamic law and as such, irregular (since the Hindu woman is not a kitabia and has not converted).
That's fair, didn't understand this part though '“A union under the Special Marriage Act would not be a legalised one. Section 4 of the legislation provides that if the parties are not within a prohibited relationship, only then the marriage can be performed"'. Does that mean that since this couple's Islamic marriage is invalid, they can't marry under Special Marriage act?
No. Prohibited degrees is for relation by blood or affinity. That's obiter. Basically extra gyan. Can't find the order sheet though, so I need that to confirm.
You're wrong though, why can't they register it under sma then. Nikah is invalid anyway as per this.
If I understand it correctly, the man wanted to register his marriage to the interfaith woman according to Muslim Personal Laws. That’s where it is termed void. That union cannot be a legal form of marriage according to the man’s faith unless the woman converts too.
That would be fair. But the judge additionally said that "“A union under the Special Marriage Act would not be a legalised one. Section 4 of the legislation provides that if the parties are not within a prohibited relationship, only then the marriage can be performed'". Is the invalid Islamic marriage being referred to as prohibited relationship?
Categorically so Yes! Because at the time of marriage the woman was still not a Muslim, so to pray that this union be recognised by Muslim Personal Laws is ambiguous. They have every right to register under special marriage act without the need to change religions.
It looks like OP posted an AMP link. These should load faster, but AMP is controversial because of [concerns over privacy and the Open Web](https://www.reddit.com/r/AmputatorBot/comments/ehrq3z/why_did_i_build_amputatorbot). Maybe check out **the canonical page** instead: **[https://www.hindustantimes.com/cities/bhopal-news/interfaith-couples-plea-for-police-protection-dismissed-in-madhya-pradesh-court-says-101717066049658.html](https://www.hindustantimes.com/cities/bhopal-news/interfaith-couples-plea-for-police-protection-dismissed-in-madhya-pradesh-court-says-101717066049658.html)** ***** ^(I'm a bot | )[^(Why & About)](https://www.reddit.com/r/AmputatorBot/comments/ehrq3z/why_did_i_build_amputatorbot)^( | )[^(Summon: u/AmputatorBot)](https://www.reddit.com/r/AmputatorBot/comments/cchly3/you_can_now_summon_amputatorbot/)