Interfaith dating couples must clearly understand all applicable marriage, divorce and child custody laws before committing to an interfaith marriage. Such couples may face mainly two types of laws: Religious Institutional Rules and Regulations, and Governmental Laws.
Almost all religious institutions have strict codes against interfaith marriages. For Dharmic faiths, generally the community does not strictly enforce such rules or there are alternate choices available. In some Christian faiths, for example Catholics, the non-Catholic party will have to convert or sign a prenuptial agreement to raise children as Catholics. Some churches will not allow one to do the last rites of parents and excommunicate them for an interfaith marriage in the family. In Islam, no Imam will perform a Hindu-Muslim marriage and the Hindu must convert to Islam before the Islamic nikaah wedding. Nikaah with an Abrahamic (“People of the Book”) may be possible without conversion but children must be raised only in the Islamic faith.
The formal religious conversion (even fake-conversion just for marriage) or signing of any prenuptial agreement may have serious legal consequences, especially during a child custody battle in the event of a divorce.
In the west and most Christian majority nations, only secular laws apply to all marriages and divorces. In most Muslim majority countries, laws influenced by Islamic Sharia apply. In India, complex marriage laws are designed to appease different religions. Hiddush conducted Freedom of Marriage survey and found severe marriage restrictions in Israel and also in Muslim (62%; 33/53) and Christian (7%; 8/120) majority nations, but not in Hindu/Buddhist (0%; 0/14) majority nations. In this section, marriage and divorce laws from United Kingdom as representative western laws, a Jewish state Israel, from a moderate and secular but Muslim majority country Malaysia and Indian marriage and divorce laws are highlighted.
Information presented here is for educational purpose only. An interfaith couple must explore all laws applicable in their own country. One should not take this information as a legal advice but instead consult with an attorney with expertise in interfaith marriages.
2.15.1: Western Marriage and Divorce Laws
Marriage between people in the UK is governed by Marriage Act 1949 and Marriage Causes Act 1973. As far as the British law is concerned the couple needs only to be of an appropriate age and have the capacity to marry. Religion is not a limiting factor. In short, interfaith marriage is okay in UK and conversion to another faith is more of a personal choice. This same freedom is also guaranteed through the European Convention of Human Rights. ,
2.15.2: Israel Marriage Laws
Israeli law permits only religious marriages held by religious testimony, and does not allow civil marriages. Among the Jewish population, the Chief Rabbinate, which operates according to Orthodox Jewish standards, has a monopoly over marriage. Only those who are recognized as Jews according to Orthodox Jewish law can get married in Israel. Members of other religions can only marry spouses of the same religion and only by their own recognized religious authority. The result is that no interfaith or non-religious marriages are allowed in Israel. However, the Ministry of Interior registers and accepts civil marriages held abroad.
2.15.3: Malaysian Marriage Laws
The Malaysian constitution grants freedom of religion and makes it an officially secular state, while establishing Islam as the “religion of the Federation” to symbolize its importance to Malaysian society. Interfaith love with a Malay is one of the most popular themes at InterfaithShaadi. The question raised below by Sameer is a typical question by such youths.
Sameer says:
My fiancée is a Chinese Malaysian (non-Muslim) and I am (non-Malaysian) Muslim. I don’t want my fiancée to convert (to Islam). What are our chances to marry in Singapore and apply for a long term visa in Malaysia? What will happen if I say I am not Muslim? —Sameer
It gave great pain to the author to disclose to these innocent lovers that only option left for them is to 1) give up this love relationship or 2) unwillingly convert the non-Muslim intended spouse to Islam if they want to settle in Malaysia. Let’s look at Malaysian marriage laws to understand the complexity there.
In Malaysia, the Federal Constitution is supreme and the freedom of religion is something that is guaranteed by the constitution under Article 11. When it comes to Family Law (namely marriage), there are two primary statutes, the Law Reform (marriage and divorce) Act 1976 (Civil Marriage) and the Islamic Family Law (Federal Territories) Act 1984 (Muslim Marriage). The Civil Marriage Act of 1976 specifically states, “This Act shall not apply to a Muslim.” Hence, in Malaysia there is no means for a Muslim to marry a non-Muslim under the Civil law. In fact, the Muslim who goes through a marriage or even cohabits with non-Muslim runs the risk of falling foul of a number of offences under State Syariah (the Malay spelling of “Sharia”) Criminal Law prohibiting fornication (zina) and close proximity (khalwat). ,
A Muslim must register his/her marriage under Islamic Family Law Act 1984. A marriage between Muslims and non-Muslims is prohibited under Islamic law, except in certain limited circumstances. A Muslim Man is allowed to marry a Kitabayah (People of the Book). A Kitabayah is a Christian woman whose ancestors were Christians before the prophethood of the Prophet Mohammad; or a Jewess whose ancestors were Jews before the prophethood of Jesus. With many other restrictions in place, in most cases, the non-Muslim needs to convert to Islam to register a marriage in Malaysia.
It is said that there is no compulsion in Islam, but here in all practical senses interfaith couples must know that there is compulsion to convert or give up the love after years into relationship.
Malaysian citizens are given an identity card (MyKad ), of which Muslims’ MyKad states religion as “Islam.” As stated above Muslims can marry only to a Muslim; this means the non-Muslim spouse must convert and make appropriate changes in the MyKad.
A marriage registered under the laws of a foreign country must be re-registered at the Malaysian Representative Office within 6 months of the date of marriage. A couple married outside Malaysia will not be able to register a Muslim to non-Muslim marriage in Malaysia and their children will not have the benefit of Malaysian citizenship. If the Muslim/non-Muslim couple married overseas comes to Malaysia, and someone calls the authorities on them, the Syariah authority will likely arrest the Muslim partner for zina and khalwat (since the marriage is not recognized in Malaysia).
Parallel to the civil courts, there are Syariah Courts that conduct legal matters related to the Muslim family sphere. Legal issues like Muslim divorce and Muslim apostasy are conducted in the Syariah Courts. Syariah laws do not apply to non-Muslims.
It is important for an interfaith dating person to know that conversion to Islam is a one-way street. It is impossible to convert to any other faith for a Muslim. It is even impossible to change a name in MyKad to a non-Muslim in Malaysia (read practicing Hindu Revathi Massosai’s case ). A person having a Muslim registered name but practicing another faith has no right to marry but in Islam (read Zarinah’s case where a practicing Hindu girl was arrested for marrying a Hindu man). Even after years of practicing another faith, the Syariah Police will enforce that a former Muslim (even practicing another faith for most of later life) be given only Muslim final rites (read Mr. Moorthy case where a practicing Hindu’s body was taken away from his Hindu wife).
The author feels Muslim majority countries apply interfaith marriage laws favoring Islam only and are unfair and unjust to minorities. To the best of the author’s knowledge, there is no Christian or Hindu majority country that has made interfaith marriage laws favoring only their majority. If it is a matter of following Koran, then any Muslim getting into a romantic love relationship before marriage should be severely punished for khalwat. The Malay government should do more to educate non-Muslim and Muslim youths about the serious consequences after interfaith love. Interfaith dating youths have to do their homework and fully understand all the legal and other consequences of their actions.
2.15.4: Indian Marriage and Divorce Laws
India has a dual system of matrimonial laws. Personal laws ordinarily govern various communities or groups of communities, although individuals can opt out of the community-specific family-law regime and voluntarily subject themselves to the national laws on civil marriages.
2.15.4.1 Indian personal marriage laws:
Hindus (includes Jain, Sikh, Buddhist) are governed by the Hindu Marriage Act, 1955. , Each of the parties shall belong to and profess the Hindu (Jain, Sikh, Buddhist) faith or religion. Sikh couples may be able to get their marriages registered under the Anand Marriage 1909 Act (amended in 2012) instead of the Hindu Marriage Act.
Muslims are governed by their personal laws under which nikaah (i.e. marriage) is a contract and may be permanent or temporary and permits a man to have four wives if he treats all of them equally. To have a valid nikaah under the Muslim Law, presence of a qazi (priest) is not necessary. Merely a proposal in the presence and hearing of two sane males (or one sane male and two sane female adults) who are all Muslims and acceptance of the said proposals at the same time constitutes a valid “nikaah.” Under Indian laws, a Muslim husband can divorce his wife without any reason merely by pronouncing three times the word “Talaak.” However for a Muslim woman to obtain divorce certain conditions are necessary.
Parsees are governed under the Parsee Marriage & Divorce Act, 1939 which outlines the provisions of their marriage and law.
Christians are governed by the Indian Christian Marriage Act, 1872. If one party thereto alone is a Christian, such a marriage becomes valid only if the personal law of the non-Christian party treats such marriage as valid. Where the wife is a Christian woman and the husband is a Hindu, there is no prohibition under Hindu law for such a marriage. Where one of the parties to a marriage in India is a Christian and the other party is a non-Christian the best course to adopt is to solemnize the marriage under the Special Marriage Act, 1954.
2.15.4.2 Indian civil marriages:
Persons of any religion (Hindu, Muslim, Christian or Parsee) who get married under the Special Marriage Act, 1954 (also called “Civil Marriage”) are governed by the said act.
Special Marriage Act, 1954 (General Marriage Law):
The Special Marriage Act, 1954 provides for a special form of marriage in certain cases and for the registration of such and certain other marriages and also for divorce available to all citizens of India married under the Act. A marriage between any two persons (Muslim, Christian, Hindu and others) may be solemnized after giving notice thereof under the Act. After the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof and the parties to the marriage and three witnesses shall sign the certificate of marriage. The effect of registration of Marriage is that all children born after the date of ceremony of marriage shall in all respects be deemed to be the legitimate children of their parents. The marriage of any member of an undivided family belonging to Hindu, Buddhist, Sikh or Jain religion, solemnized under this Act shall be deemed to affect his severance from the family. The Act provides for remedies like restitution of conjugal rights, judicial separation, nullity of marriage and divorce. There is provision made in the Act for the grant of alimony pendente-lite and permanent alimony to the wife.
2.15.4.3 Multiple marriage ceremonies in India:
Sometimes a couple goes through multiple marriage ceremonies to please two sets of parents or for personal preferences. Legally, only the first registered marriage ceremony and laws relating to it will apply to that marriage.
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