COMPARATIVE ANALYSIS OF

MARRIAGE UNDER MUSLIM AND

HINDU LAW
Submitted by: Paryushi Koshal
Submitted to: Mrs. Kusum Joshi
 INTRODUCTION
• Since time immemorial marriage has been the greatest
and most important of all institutions in human
society. It has always existed in one form or another in
every culture, ensuring social sanction to a physical
union between man and woman and laying the
foundation for building up of the family – the basic
unit of society. Marriage is an institution which
legalizes the sexual relations between man and woman
so as to preserve the human species, the growth of
descent, promotion of love and union between the
parties and the mutual help to earn livelihood'
 HINDU MARRIAGE
• Every Hindu must marry. “To be mother, were
women created and to be fathers, men; the Veda
ordained that Dharma must be practiced by man
together with his wife”.“He only is a perfect man
who consists of his wife, himself and his
offspring”. “Those who have wives can fulfill
their due obligations in this world; those who
have wives, truly have a family life; those who
have wives, can be happy; those who have wives
can lead a full life”.
 MUSLIM MARRIAGE
• Marriage is recognized as the basis of society.
Marriage as an institution leads to the uplift of
man and is a means for the continuance of the
human race. Spouses are strictly enjoined to
honour and love each other. The prophet was
determined to raise the status of woman. He
asked people to see their brides before marrying
them; and thought that nobility of character is
the best reason for marrying a woman. It is a
contract for the legalization of intercourse and
procreation of children.
 DIFFERENCES
• Hindu marriage is a religious sacrament while
Muslim ‘nikah’ is a contract.
• Hindus restrict marriage within their own caste
while Muslims can marry in their own family
except very close relatives.
• Muslims there prevails a system of temporary
marriage, called ‘muta’. In the Hindu society,
there is no provision for temporary marriage.
• Hindu’s do not allow polygamy while Muslims
permits 4 marriages
• Hindus believe that their marriage is a tie for 7
livee ds and will only end by the death of one of
the spouses while in Muslims a man can dive
divorce to his wife .
• Even after formulation of many laws Hindus still
look down upon widow remarriage while
Muslims don’t.
• There is a concept of offer and acceptance in
Muslim marriage while Hindus don’t.
• In Hindus marriage is an essential part of their
lives and are obligated to do it while there is no
compulsion to marry in Muslims.