• Hindu-Muslim Wedding -- SMA + both sides rituals

I am a Hindu woman getting married to a Muslim man. We will be first registering under SMA. Post that we wanted to have both sides rituals, which for them would mean doing Nikaah and signing Nikahnama?
1. Will SMA overrule the religious laws in this case or vice versa?
2. Will I get converted to Muslim? even if its just for the ceremony, that's okay. But are there any practical real life implications of this outside of the ceremony?
3. If not, what is the validity of the Nikaahnama? will it just be to complete the custom?

If there are even any muddy waters, we'd both prefer to just do the SMA
Asked 1 year ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1. The Special Marriage Act supersedes any religious laws that may be in play in this instance, since it is a secular marriage law that enables the registration of marriages between people of different faiths.

2. No, you will not need to change your religion to Islam for this marriage to take place. Even if you decide to go through with the Nikaah ceremony, you will remain Hindu. The Nikaahnama will only have a symbolic value and will not hold any legal power.

3. The Nikaahnama will have no legal standing and is simply ceremonial; thus, it is best to just register the marriage under the Special Marriage Act to avoid any confusion.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) SMA over rides personal laws 

 

2) for valid nikhanama it is necessary to convert 

 

3) if you are not converting to Islam it is basically not valid marriage under Muslim personal law 

 

 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

Yes you can get married through SMA. Yes SMA will be the legal marriage recognised all other will be treated customary marriage

You can get converted for marriage only if in future you want to commit bigamy.

Yes SMA is good 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Once you get married according to SMA 1954, than custom Muslim Marriage will be just a formalities and its does not mean a conversion of Muslim. 

 

But after marriage you practice's Muslim custom formalities on daily basis then it will be treated as converted.

 

But after marriage you practice's Hindu custom formalities on daily basis then it will be not treated as converted.

 

Better you follow Hindu Religion after marriage on daily basis and stick to SMA always in the life.

 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Whatever ceremonies you may observe post registration of your marriage under SM Act, they will be just formalities to satisfy each other side people. 

Your marriage will be recognized as the one legally valid under special marriage act only. 

2. You may not be permitted to get married under Muslim law,  that is,  Nikah, if you are not converted to Muslim. 

3. Nikah will not happen if you don't get yourself converted. 

You may clarify this.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Yes rest all customary laws only SMA will be a registered legal marriage 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

You have not converted into Islam 

 

you continue to follow Hindu religion 

 

your marriage is governed by SMA and not Muslim personal law 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

The imam cannot perform or witness a Nikah between a Muslim Male and non Muslim female. 

If somebody is doing that then he may face problems in his own community. 

Besides the proposed Nikah is not an ordinary incident in  a Muslim community. 

If you are not willing to get converted then better not to get the Nikah solemnized. 

Instead of flaring up communal issues,  it is advisable that you both may be contended with the marriage solemnized under special marriage act alone. 

You can a decision after analyzing the pros and cons in all aspects and never rush to take a hasty decision. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Performing Nikaah won't be conversion. Until and unless you accept it and follow the Muslims religion culture and tradition. Here nobody can force you to perform Muslim culture. You are free to live life as per your choice and as per Article 21 (Right to Live) of Indian Constitution Act.

 

Its totally depends upon you what to remain and which religion to follow.

 

Take the example of Nargis Dutt she followed Muslim Culture tell her death, however she was married with Hindu religion (Sunil Dutt). 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear client,  congratulations on your upcoming wedding! Here are some answers to your questions:

 

The Special Marriage Act (SMA) is a civil law that governs marriages between individuals of different religions. It allows for individuals of different faiths to register their marriage and have a legally valid marriage certificate. In the case of a Hindu-Muslim marriage, the SMA would be applicable, and any rituals or ceremonies conducted would not supersede the provisions of the SMA. That being said, you are free to have any religious ceremonies you would like, as long as they are conducted after the registration under the SMA.

 

No, you will not be automatically converted to Islam by signing the Nikahnama. Conversion to Islam is a separate process that involves making a declaration of faith, known as the Shahada, in front of witnesses. If you choose to convert to Islam, it will be a personal decision and not a requirement for the wedding ceremony.

 

The Nikahnama is a marriage contract that is recognized under Islamic law. It outlines the terms and conditions of the marriage, including the rights and responsibilities of both parties. The Nikahnama is a legally valid document, but its validity may vary depending on the country and the jurisdiction in which it is being used. In India, the SMA registration will be the primary legal document for your marriage, and the Nikahnama will be considered a religious document.

 

It is important to note that having both the SMA registration and the Nikahnama can provide additional legal and religious recognition to your marriage. However, it is advisable to consult with a lawyer or a religious authority to ensure that all legal and religious requirements are being met.

 

 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

If you marry under SPECIAL MARRIAGE ACT, there is no requirement for following up of customs. If you follow customs, there will be a custom based requirement either to convert any one religion and not both at the same time. Even though customs are there, nothing prohibits you to following the marriage customs according to your wishes on both religions.

 

Kumaresan
Advocate, Coimbatore
29 Answers

Not rated

If you want to register your marriage under SMA then you need not to change your religion. SMA allows people of different religion to marry each other without changing their religion. Thus marriage between a Hindu and Muslim can be performed under SMA. There is no value of Nikahnama, between a Hindu and Muslim, in the eyes of Indian law. Nikahnama has validation only if you convert your religion to Muslim before marriage. Changing name Or performing nikahnama doesn't amount to conversion of religion. 

Vikram Taunk
Advocate, Karnal
21 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer