The slides introduce the meaning, nature, and scope of marriage in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals. Useful for Law Students and professionals.

1. MEANING &
NATURE OF
MARRIAGE-SHIVANI SHARMA
-ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE OF LAW

2. HINDU MARRIAGE

3. INTRODUCTION
◦ It is believed that a Hindu is born on this earth with certain specified missions in life which may be
expressed through the ‘purusarthas’ comprising Dharma, Artha, Kama and Moksha.
◦ In order to fulfill these missions, in life, every Hindu has to go through different stages or the resting places
of life, known as ‘Ashramas.’
◦ The Ashramas are four in number, such as Brahmacharyashrama, Grihasthasharama, Vanaprasthashrama
and Sanyasasharama
◦ The Hindu law-givers have made provision for the attainment of salvation by leading a Grihastha life too.
◦ The married householder is considered as the property of the society and he alone can completely
discharge all the enjoined duties.
◦ It has also been ordained by the shastras that the ‘dvija’ is incompetent to perform all the duties in the
absence of a wife.
◦ One must get married in order to become a full man or full woman.

4. BRAHMCHARYA
Brahmacharya represen
ted the bachelor
student stage of life
GRAHASTHA This stage
referred to the individual's
married life, with the
duties of maintaining a
household, raising a family,
educating one's children,
and leading a family-
centred and
a dharmic social life.
VANPRASTHA The
retirement stage, where a
person handed over
household responsibilities
to the next generation,
took an advisory role, and
gradually withdrew from
the world.
SANYAS The stage was marked
by renunciation of material
desires and prejudices,
represented by a state of
disinterest and detachment
from material life, generally
without any meaningful
property or home (Ascetic),
and focussed on Moksha,
peace and simple spiritual life.

5. CONT…
◦ The human society cannot continue without procreation.
◦ Procreation is possible through the gratification of or ‘Kama’.
◦ Moreover, among the Hindus the birth of a son is considered essential as it would
enable the householder to attain ‘moksha’. Hence marriage becomes obligatory among
the Hindus.
◦ It is a sacred union between a man and a woman with the sole purpose of begetting a
male child.
◦ The Hindu Marriage Act of 1955 has reformed the marriage according to Hindu law.
◦ It is considered as a landmark in the history of social legislation.
◦ Also, this law has not only codified Hindu marriage law. It has also introduced many
important changes in many aspects.
◦ The concept of marriage is to establish a relationship between husband and wife.

6. NATURE OF HINDU MARRIAGE
◦ Based on Hindu law, the marriage is a sacred tie and last of ten
sacraments that can never be broken.
◦ Also, it is a relationship that is established by birth to birth.
◦ Based on smritikars even death cannot break this relationship.
◦ Also, it is not only considered as sacred but it is also a holy union.
◦ The main objective of marriage is to enable a woman and a man to
perform their religious duties.

7. CONT…
◦ Along with this, they also have to beget progeny. Based on ancient writings, a
woman is considered half of her husband and thus completes him.
◦ While a man is also considered incomplete without a woman.
◦ Every Hindu whether they are male or female has to marry.
◦ Also, a person could not remain a perpetual student and where he did not desire
for an ascetic life.
◦ But he was enjoyed or engrained in the shashtra to marry.
◦ Therefore marriage is considered as good as compulsory more so in the case of a
female.

8. SACRAMENT (Sacrament is a symbolic religious ceremony to which are often added
confirmation, penance, ordination ad matrimony.)
◦Marriage is essentially a samskar and thus is sacramental in
nature. There are three characteristics of the sacramental
nature of marriage.
•It is an eternal union wherein it is valid in all the life to come.
•It is considered as a permanent union where if it is tied once
it cannot be untied.
•Also, it is a holy union where it is essential to perform
religious ceremonies.

9. CONT…
◦ The Grihasthashrama commences after marriage and is required for the fulfilment of
‘panchamahajajnas’ or five great sacrifices as:
1. the recitation of Vedas at home,
2. burning oblations for gods,
3. offering Sraddhha Tarpana,
4. receiving and entertaining guests,
5. and giving food to the Bhutas.
◦ The Grihasthashrama, which arises out of marriage has been held high.
◦ The ‘Mahabharata’ is quite emphatic in this connection.
◦ In the ‘Santiparva’, Yudhistira was persuaded by Dvaipayana Vyasa, Lord Indra also held
that the life of a householder is only superior and sacred and gives scope for the
fulfillment of life’s mission.

10. CONT…
◦ The rites of the Hindu marriage also reflect its sacramental character.
◦ “There are certain rites which must be performed for marriage to be complete. The main
rites are homa, offering of the hand of the bride and saptapadi, the bride and
bridegroom going seven steps together”.
◦ All these rites are performed by a Brahmin in the presence of the sacred fire and are
accompanied by the Vedic ‘Mantras’ The Hindus lay so much emphasis on these rites
that when any of these rites are not properly performed, the marriage may be legally
questioned.
◦ Legally speaking, the Hindu marriage becomes complete and binding only when the
seventh step (in Saptapadi) is taken and till then it is imperfect and revocable.
◦ Therefore, where saptapadi ceremony is interrupted before the seventh step is taken,
the marriage remains incomplete.

11. ◦ The Hindu marriage is also considered a sacrament in another sense.
◦ “A Hindu male goes through the performance of several sacraments during the course of
his life. These begin with the laying of foetus and end with the cremation of his body.”
◦ In between the laying of foetus (Garbhadhana) and cremation (Antyesthi) lie several
sanskaras (sacraments) and marriage happens to be the most significant and essential
among them.
◦ “Similarly, marriage is said to be essential for women because that is the only sacrament
performed by them.”
◦ Now that Hindu marriage is considered as sacramental, there is not a requirement of
consent of any of the parties. Thus, even if the person is of unsound mind or minor, the
marriage is considered as a valid marriage.
◦ TODAY, the Hindu marriage has not remained a contract and neither it has remained a
sacrament. But it can be said it is a semblance of both.

12. ISLAMIC MARRIAGE

13. INTRODUCTION
◦ Islam, unlike other religions is a strong advocate of marriage. There is no place of
celibacy in Islam like the Roman Catholic priests & nuns. The Prophet has said There is
no Celibacy in Islam.
◦ Marriage acts as an outlet for sexual needs & regulates it so one doesn’t become slave
to his/her desires. It is a social need because through marriage, families are established
and the families are the fundamental entity of our society. Furthermore marriage is the
only legitimate or halal way to indulge in intimacy between a man and woman.
◦ Islamic marriage although permits polygamy but it completely prohibits polyandry.
Polygamy though permitted was guarded by several conditions by Prophet but these
conditions are not obeyed by the Muslims in toto.

14. HISTORICAL BACKGROUND
◦ Before the birth of Islam there were several traditions in Arab.
◦ These traditions were having several unethical processes like:-
(i) Buying of girl from parents by paying a sum of money.
(ii) Temporary marriages.
(iii) Marriage with two real sisters simultaneously.
(iv) Freeness of giving up and again accepting women
◦ These unethical traditions of the society needed to be abolished;
Islam did it and brought a drastic change in the concept of marriage.

15. IN WORDS OF PROPHET
◦ Marriage is a vital part of a Muslim’s life. In fact marriage is so important in the religion of Islam that it
is declared to be one half of one’s faith.
◦ All of the scholars are in agreement that marriage is something recommended (mustahab) and called
for in Islam. Some took it to the level of obligatory (wajib) for those with the ability based on the
Prophet's (sas) statement:
◦ The Prophet of Allah (PBUH) has clearly forbidden people from celibacy:
◦ “There is no celibacy in Islam” Prophet of Allah (PBUH) said “O young people! Whoever amongst you
can marry, should marry, because it helps him lower his gaze and guard his modesty, and whoever is not
able to marry, should fast, as fasting is a shield for him (from desires).”
◦ The Prophet Muhammad (PBUH) said,‘A person who possesses the means to marry (i.e. he is able to
work etc. to support a wife and children) and does not marry then he is not from amongst us (i.e. the
believers).’

16. CONT…
◦ the Prophet Muhammad (PBUH) has been reported to have said, ‘Do not
delay in three things; 1) The offering of the obligatory prayer. 2) The
offering of the funeral prayer when the deceased’s body is present . 3) The
marriage of a woman when her couple is found’
◦ Allah(SWT) says in the Quran, ‘And wed the single among you’. (chapter 24,
verse 32)
◦ Abdur Rahim mentions: “The Muhammadan jurists regard the institution
of marriage as partaking both of the nature of ibadat (worship) and
muamalat (worldly affairs)”

17. DEFINITION
It is quiet relevant to know whether the Muslim marriage is a sacrament like
the Hindu marriage, for this let us get acquainted with some of the
definitions of Muslim marriage.
(a) Hedaya: - Marriage is a legal process by which the several process and
procreation and legitimation of children between man and women is
perfectly lawful and valid.
(b) Bailies Digest:- A Nikah in Arabic means Union of the series and carries
a civil contract for the purposes of legalizing sexual intercourse and
legitimate procreation of children.
(c) Ameer Ali:- Marriage is an organization for the protection of the society.
This is made to protect the society from foulness and unchastity
(d) A. A. Fyzee: “It is a contract for the legalization of intercourse and the
procreation of children”

18. CONT…

19. NATURE: A CIVIL CONTRACT
◦ It is said that Muslim marriage is a civil contract and not a sacrament.
◦ Justice Mahmood observed in Abdul Kadir vs Salima (1886):
“Marriage among Muhammadans is not a sacrament, but purely a civil contract, and
though it is solemnized generally with recitation of certain verses from the Koran, yet the
Muhammadan law does not positively prescribe any service peculiar to the occasion.”
◦ Justice Mitter in Saburunnessa vs Sabdu Sheikh AIR 1934, Cal. HC observed:
“Marriage under Muslim law is a civil contract and is like a contract of sale. Sale is a
transfer of property for a price. In contract of marriage the wife is the property and
dower is price.”

20. CONT…
◦ So it is a civil contract- because: as like a contract:
1. There is an offer from one party.
2. There is an acceptance from other party.
3. There is a consideration (dower).
◦ Though there is a resemblance with contract it is not like other contract (e.g. sale).
◦ Why?-
1. In a sale the consideration or price must be paid for the conclusion of the contract. Otherwise the contract
would be invalid. In Muslim marriage the dower money can be fixed after the marriage. If it is not paid, the
marriage does not become invalid.
2. In a contract of sale the consideration is the actual price of the goods. Dower is not regarded as a bride
price or it is not fixed weighing bride.
3. In a sale the consideration is given to the owner of the property. In marriage dower is given to the property
(i.e. bride) itself.

21. CONT…
◦ Muslim marriage can also be differentiated from a civil contract on the basis of
following points:-
(a) It cannot be done on the basis of future happenings unlike the contingent
contracts.
(b) Unlike the civil contract it cannot be done for a fixed period of time. (Muta
Marriage being an exception.)
◦ Purpose of Marriage
The word Zawj is used in the Quran to mean a pair or a mate. The general purpose of
marriage is that the genders can provide company to one another, procreate
legitimate children & live in peace & tranquility to the commandments of Allah.
Marriage serves as a mean to emotional & sexual gratification and as a mean of
tension reduction.

22. CHRISTIAN MARRIAGE

23. INTRODUCTION
◦ Christians believe that marriage is a gift from God, one that should not be taken for granted.
◦ It is the right atmosphere to engage in sexual relations and to build a family life.
◦ Getting married in a church, in front of God, is very important.
◦ A marriage is a public declaration of love and commitment.
◦ This declaration is made in front of friends and family in a church ceremony.
◦ The Catholic Church teaches that marriage is God's doing: "God himself is the author of
marriage", which is his way of showing love for those he created. Because a marriage
is a divine institution it can never be broken, even if the partners are legally divorced:
as long as they are both alive, the Church considers them bound together by God.

24. ◦ Catholics are encouraged to marry other Catholics in order to attain a "perfect
union of mind and full communion of life", but it is also the priest's duty to
remember that marriage is part of God's natural law and to support the couple if
they do choose to marry.
◦ Marriage vows, in the form "To have and to hold from this day forward, for
better for worse, for richer for poorer, in sickness and in health, to love and to
cherish, till death us do part", have been recited at UK church weddings since
1552.
◦ But before the wedding service was written into the Book of Common Prayer,
marriages were much more informal: couples could simply promise themselves
to one another at any time or place and the spoken word was as good as the
written contract.

25. ◦ A couple may marry in their local Church Parish.
◦ Before 2007, they could not be married in another parish unless they had
attended church services there for six months and were on its electoral roll.
◦ In July 2007, however, the Church of England initiated a change in the law to
make it easier for couples to have a church wedding in a parish other than their
own. The changes make it easier for a couple to marry in a church where there is
a family or other special connection.
◦ The following are qualifying connections:
• One of the couple was baptised or confirmed in the parish
• One of the couple has (at any time) lived there for a period of six months or more
• One of the couple attended services there for six months or more
• A parent of one of the couple lived or attended services there for six months or more
• A parent or grandparent of one of the couple was married there

26. PARSI MARRIAGE

27. ◦ The Parsi Marriage is also regarded as a contract through a religious ceremony
of Ashirvad is necessary for its validity. ‘Ashirvad’ literally means blessings.
◦ A prayer or divine exhortation to the parties to observe their marital obligations with
faith.
◦ The weddings itself is an elaborate and tradition-laden affair spanning for several days.
◦ Weddings within the Parsi community are known as ‘Lagan’ and they take place at the
Parsi Agyari or Fire Temple.
◦ Parsis are predominantly Zoroastrians, i.e. followers of Zoroaster, or Zarathustra, one
of the oldest monotheistic religions in the world. Such a long history of Parsis in India,
and yet they have successfully preserved their culture and traditions.
◦ At the same time they have picked up certain local customs which have been
incorporated into their wedding rituals. On the whole, Parsi weddings are an
interesting mixture of cultures.