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Conversion to Islam solely for marriage not valid: High Court

  •   Fri, Dec 19 2014 10:15:02 PM

Allahabad, Dec 19 (PTI): In a significant judgement, the Allahabad High Court has ruled that the religious conversion of girls "without their faith and belief in Islam" and "solely for the purpose of marriage" to Muslim boys could not be held valid.

Justice Surya Prakash Kesarwani passed the order while dismissing a batch of petitions filed by five couples, hailing from different districts of Uttar Pradesh, who had sought "protection as married couple".

In each case, the boys were Muslim while the girls were Hindus who got converted to Islam for solemnising "nikah".

In his order earlier this week, Justice Kesarwani quoted a Supreme Court order of 2000 wherein it was laid down that "conversion of religion of a non-Muslim without any real change of belief in Islam and only for the purpose of marriage is void".
  

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Comment on this article

  • umar, karachi

    Tue, Dec 23 2014

    the high court of Allahbad should not curb free will of adult. This time all girls are hindus and all boys are muslim.next time may not be the same.The judge should not favour hinduism but favour human right

    DisAgree [1] Agree [2] Reply Report Abuse

  • Adil, thekkatte/dubai

    Sat, Dec 20 2014

    Good judgement.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Amith, Udupi

    Sat, Dec 20 2014

    Hema malini abh Tera kya hoga ?

    DisAgree [1] Agree [4] Reply Report Abuse

  • shAikH moHd rizwan, karkala

    Sat, Dec 20 2014

    in fact he claimed that he is less religious and more spiritual-Mr.Varun,
    Sir,Love is blind.A religion shouldn't be barrier for acceptance of both hearts.
    The honorable court cannot judge the feelings of heart. But can bow to the voices of majority.

    In an inclusive democracy, the judgement cannot be one sided. A court can't nullify something on the basis of convenience.
    Indeed this judgement in parity is biased and subject to appeal in High Court.

    As far as Mohammeden Law ,there is one Allah,One book,One Prophet.There are no confusion one who follows the basic principle of obligation.

    Jai Hind

    DisAgree [4] Agree [3] Reply Report Abuse

  • Roshan Braganza, Mumbai

    Sat, Dec 20 2014

    @ vellano1 , mumbai. Of course in Hindu Marriage Act too Husband can have multiple wives but a draconian wife can file a false complaint and even ' polygamy ' can be put under 498 A citing cruelty. But no such issue with THE DISSOLUTION OF MUSLIM MARRIAGE act 1939. Its valid and legal , provided he does justice with all wives.

    Muslim Sharia act is Above Civil Law and Religious customs overrides. Like to quote Gujarat High Court verdict last week Upholding Minors girls marriage with her consent and quashing all PCMA charges against the boy. ( 8 th dec 2014 ).

    DisAgree [5] Agree [9] Reply Report Abuse

  • Milan, Dxb

    Sat, Dec 20 2014

    COURT DOESN'T HAVE RIGHT TO INTERFERE ONCE PERSONNEL LIFE, COURT U LOOK AFTER CRIMINAL'S, FRAUDSTERS AND TERRORIST. NO NEED TO POKE UR NOSE IN ONCE PERSONNEL LIFE.

    DisAgree [26] Agree [8] Reply Report Abuse

  • varun, mangalore

    Sat, Dec 20 2014

    I am glad that court has the right.. Living in a democratic country... not in banana republic or desert land..

    DisAgree [7] Agree [17] Reply Report Abuse

  • n ameem, mangalore

    Sat, Dec 20 2014

    Hellllo bhai log .nam budalnese islam musalman nahi buntha.iss keliye allah aur uss ke rasool ((sas) pwr viahqash hona chahiye .aur pakka eman walahi islam ya musalman bun sakatha hai.ye ghar wapasi ya ghaun wapasime kuch nahi hotha .nam mohammed aur kam be iman wala kare o islam ya musalman nahi hosaktha.jisska iman sachha hai use thum 5 lach kya 50 karod deg tho b o uska mazhab chod ke nahi jayega .jo gaya o bud naseeb wala hai.allah hamen aur hamare iman salamath rakke .

    DisAgree [12] Agree [7] Reply Report Abuse

  • malcolm pereira, dadra Nagar Haveli , gujarat

    Sat, Dec 20 2014

    When "Neeti or Niyat" of a person go wrong then it is natural that the "Nyaya" definitely intervene to uphold the "Dharma".

    DisAgree [1] Agree [11] Reply Report Abuse

  • masif, Jubail

    Sat, Dec 20 2014

    love jihad is propaganda of saffron people for create a majority community vote bank

    Islam didnt say anywhere convert to the islam by marriage or ration card and money,

    DisAgree [27] Agree [26] Reply Report Abuse

  • ravi shetty, mangalore

    Sat, Dec 20 2014

    love jihad is a tool to increase their population.

    DisAgree [18] Agree [24] Reply Report Abuse

  • masif, Jubail

    Sat, Dec 20 2014

    ur right Dravidians converted to Aryans, but i dont know it is by love jihad,

    DisAgree [17] Agree [16] Reply Report Abuse

  • Vellano1, Mumbai

    Sat, Dec 20 2014

    so, you mean Delhi Imam Bukhari is wrong and he deosnt know anythign on Islam..? just a week back he said, Muslims should convert and marry all hindu women! was it out of his frustration..? ..

    DisAgree [10] Agree [23] Reply Report Abuse

  • masif, Jubail

    Sat, Dec 20 2014

    One more propaganda,

    DisAgree [15] Agree [15] Reply Report Abuse

  • Ramesh S, mangalore

    Sat, Dec 20 2014

    ..confusing..it may apply to actor DHARMENDRA aka DILAWAR KHAN & Poltician CHANDRA MOHAN aka CHAND MOHAMMED..but in large, how can a court find out conversion is will full or just for marriage? one can say its willfull,he may recite some verses..there must be some clear cut directive on the conversion issue,otherwise confusion will prevail..some time back in chennai there was curious case..a Hindu girl who got a Govt job on reservation being a backward caste, married a muslim & converted..now, court has to decide whether she should loose the job for converting or not..court decided she should not loose the job & nobody appealed against may be on humanitarian ground..But logically she may have to loose the job since whole purpose of quota/reservation creation itself violate once he or she converts to other faith/caste, which is not oppressed religion/caste in INDIA..

    DisAgree [4] Agree [7] Reply Report Abuse

  • Well Wisher, Mangalore

    Sat, Dec 20 2014

    Judgement should apply to both side.If a Hindu boy converting for marriage then should also invalid.

    In secular India rule is equal to all.

    DisAgree [8] Agree [27] Reply Report Abuse

  • Arun ck , Mlore

    Sat, Dec 20 2014

    ....and what is that degree or measurement unit that decides that she has converted by fiath or converted only for marriage ???? Ella Bari olu.

    DisAgree [1] Agree [14] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Sat, Dec 20 2014

    I had same question and how that would be decided whether she accepted the faith in heart or marriage of convenience?Islam also endorses and subscribes court order.(first conversion and after few months marriage valid?)

    DisAgree [16] Agree [17] Reply Report Abuse

  • shAikH moHd rizwan, karkala

    Sat, Dec 20 2014

    Dear readers,

    This Judge looks like have no knowledge of Islam or Mohammdan law before passing the verdict.
    Honorable judge what about the actor Dharmendar marrying Hemalini were both have reverted to Islam?Actor Saif Ali Khan Patudi Marrying Kareena Kapoor?

    If Muslim girl living religion only for purpose of marriage is valid?

    What about those force conversion for the greed of Passport ,Ration Card ....??

    The judge should know that,In Islam without first obligation none of the marriage is solemnized according to Islamic Sharia.
    Jai Hind

    DisAgree [26] Agree [15] Reply Report Abuse

  • varun, mangalore

    Sat, Dec 20 2014

    shaik, Dharmedra's conversion is a sham.. a conversion for convenience sake.. i am sure no sane muslim approves that.. as for as saif's marriage, its a civil marriage.. his wife is still hindhu.. in fact he claimed that he is less religious and more spiritual

    DisAgree [1] Agree [17] Reply Report Abuse

  • Vellano1, Mumbai

    Sat, Dec 20 2014

    forget the judge, all big islamic scholars phd holders have no idea of it.. see bagdadi, osama, talibani, boko haram guys!! they who say are safe keepers of this religion, themselves have not understtood Islam.. you think Indian judge will understand it?!

    a girl is never asked if she wants to marry.. her father meets the groom and decides if "qabool hai"!! ..

    DisAgree [3] Agree [20] Reply Report Abuse

  • Vantage Point, mangalore

    Sat, Dec 20 2014

    @Vellano ....you must be watching in serial or movies "qabool Hai"...and you must be thinking this is what Islam is...Islam what you see in movies is a pseudo Islamic narrative......There is not such thing in Islam where only boys is asked permission to get married
    If a girl needs to be engaged...It needs her permission ...this is what Islam teaches...Even before marriage her parents need to ask with her whether she has consent with the marriage...This is a must according to Islam...If not marriage is void....And in Islam it is boys who need to pay dowry to girls to get married ...not the girls party....but because of lack of Islamic knowledge some people till now were following local tradition...
    Coming to "qabool hai" It is not that only boy is asked...it means asking permission with the girl whether she is willing to marry then boy is asked whether he wills to marry her...if not marriage is void...This is followed by north Indian muslim customs.....Since you watch some north Indian show you mean qabool hai...In respective region we use our own language to ask permission
    ..I am not saying every parents follow true teaching of Islam some people just force their daughter...This is clearly Unislamic...This is not limited to Muslims but vast girls in hindus too gets married just to please their parents....Of course in how much of these case permission of girl is asked...you need to think about it rather than taking some unIslamic customs followed by muslims and club it with Islam....Please dont spread lies if you dont have proper knowledge

    DisAgree [10] Agree [6] Reply Report Abuse

  • varun, mangalore

    Sat, Dec 20 2014

    There are so many Islamic interpretations, its difficult for non Muslims to know, what is right or wrong as per Islam..Recently a saudi cleric has issues a fatwa that islam does not require a woman to cover her face, that a woman can take picture of herself and post it in social media too. He says, face veil was only for prophet's wives.. But in Mangalore only you can see many women use face veil citing religious obligation.. so its very confusing for others to know, what actually is islam's preaching?? Mind you, its not the book, its the followers who will be judged by others always.

    DisAgree [3] Agree [12] Report Abuse

  • Syed, Udupi

    Fri, Dec 19 2014

    Good judgement according to shariah law.

    DisAgree [8] Agree [20] Reply Report Abuse

  • varun, mangalore

    Fri, Dec 19 2014

    Good judgement by the court

    DisAgree [2] Agree [18] Reply Report Abuse

  • Muhammad , mangalore

    Fri, Dec 19 2014

    Welcome judgement by court coz Islam doesnt need fake believers into its foldbut it is wise to use converting to any religion for sake of marriage...coz whenever inter religious turn sour those changed her religion for sake of marriage will revert to her original faith...These category people are not devout to any faith who switches faith for sake of marriage....Anyhow what about Darmendar hemamalini aka dilwar hussain

    DisAgree [2] Agree [17] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Fri, Dec 19 2014

    Dharmendra and Hema Malini's marriage as null and void...

    Court could itself as parents/guardians of their children...

    ...JH...

    DisAgree [2] Agree [14] Reply Report Abuse

  • Vellano1, Mumbai

    Sat, Dec 20 2014

    Dharmendra and Hema have converted to Islam in similar way for them to get married,but unka GHAR WAAPSI ho chuka hai!... In hindus too you can marry multiple time, now a days, provided, your first wife and her kids have NO OBJECTION!! ... until they dont go for court case etc, its all fine. HD Kumaraswamy, Ravi Belagere, Boney Kapoor, infact Adi chopra (but he got divorce, finaly before marriage)... all this works these days and you dont have to convert! keep both the wives happy...

    DisAgree [4] Agree [25] Reply Report Abuse


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