Muslim marriage is a contract and not sacrament unlike a Hindu marriage : Karnataka High Court
August 16, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Muslim marriage is a contract and not sacrament unlike a Hindu marriage : Karnataka High Court

WEBDESKWEBDESK
Oct 24, 2021, 05:45 pm IST
inBharat
Follow on Google News
Facebook
Twitter
WhatsAppTelegramEmail

Coming to the rescue of a Muslim woman who has been fighting a legal battle for a decade, the Karnataka High Court has held that the Muslim marriage is a contract with many shades of meaning, not a sacrament unlike a Hindu marriage and does not repel certain rights and obligations arising from its dissolution.

The case pertains to a petition filed by Ezazur Rehman (52) in Bhuvaneshwari Nagar in Bengaluru, praying to quash an order passed by the First Additional Principal Judge of Family Court in Bengaluru on August 12, 2011.

Rehman had divorced his wife Saira Banu by uttering Talaq on November 25, 1991, months after the marriage with a ‘Mehr’ of Rs 5,000.

After the divorce, Rehman then contracted another marriage and became the father of a child. Banu then filed a civil suit for maintenance on August 24, 2002.

The family court ordered that the plaintiff is entitled to monthly maintenance at the rate of Rs 3,000 from the date of the suit till the death of the plaintiff or till she gets remarried or till the death of the defendant.

Dismissing the petition with a cost of Rs 25,000, Justice Krishna S Dixit in his order dated October 7 said, “‘marriage is a contract’ has many shades of meaning; It is not a sacrament unlike a Hindu marriage, is true.”

“Such a marriage dissolved by divorce, per se does not annihilate all the duties and obligations of parties by lock, stock and barrel,” the bench noted.

The Judge said the marriage amongst Muslims begins with the contract and graduates to the status as it ordinarily does in any other community.

“This very status gives rise to certain justiciable obligations. They are ex contractu,” the court said.

Quoting verses from Surah Al Bakra in Qur’an, Justice Dixit said a pious Muslim owes a moral and religious duty to provide subsistence to his destitute ex-wife. The court said a Muslim ex-wife has a right to maintenance subject to satisfying certain conditions, is indisputable.

In Islamic jurisprudence, as a general norm, Mehr, that is dower, is treated as consideration for marriage, the court said adding that it may be a ‘prompt dower’ payable before the wife is called upon to enter the conjugal domicile or it may be a ‘deferred dower’ payable on the dissolution of marriage.

“Ordinarily, the right of an ex-wife to maintenance does not extend beyond ‘Iddat’. I should hasten to add that Islamic jurisprudence has not treated this as thumb rule ever, although there is some juristic opinion in variance,” Justice Dixit observed.

Share
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

After Doing Hitjob, Koimoi.Com Removes Article About NCB Officer Sameer Wankhede’s Wife Kranti Redkar

Next News

PM Modi to launch Pradhan Mantri Atmanirbhar Swasth Bharat Yojana during UP visit tomorrow

Related News

ABVP demands release of EFLU students arrested after NSUI attack in Hyderabad

PM Modi and Bangladesh PM Tarique Rahman

Future trajectory of India-Bangladesh relations

President Murmu, PM Modi & other leaders pay homage to Atal Bihari Vajpayee

Atal Bihari Vajpayee Death Anniversary: President Murmu, PM Modi pay homage; Recalls the legacy of good governance

India–Myanmar border dispute & the proposed land swap in Manipur

AI Generated Image

Ahimsa in the Laboratory: India’s quiet revolution against animal testing

Christians conduct a funeral ceremony for victims of violence in Nigeria’s Middle Belt

Nigeria: Fulani Islamic terrorists kill 32 Christians in Plateau, Nasarawa and Benue states

Load More

Latest News

ABVP demands release of EFLU students arrested after NSUI attack in Hyderabad

PM Modi and Bangladesh PM Tarique Rahman

Future trajectory of India-Bangladesh relations

President Murmu, PM Modi & other leaders pay homage to Atal Bihari Vajpayee

Atal Bihari Vajpayee Death Anniversary: President Murmu, PM Modi pay homage; Recalls the legacy of good governance

India–Myanmar border dispute & the proposed land swap in Manipur

AI Generated Image

Ahimsa in the Laboratory: India’s quiet revolution against animal testing

Christians conduct a funeral ceremony for victims of violence in Nigeria’s Middle Belt

Nigeria: Fulani Islamic terrorists kill 32 Christians in Plateau, Nasarawa and Benue states

UGC NET Opens Portal to Challenege the Provisional Answer keys

UGC NET June 2026 answer key released by NTA; Know how to check, raise objections, result date and more

Grain now available 24x7 in Chhattisgarh with ‘Annapurti Grain ATMs’

From Ration Queues to Digital Convenience: Grain now available 24×7 in Chhattisgarh with ‘Annapurti Grain ATMs’

Kuki Militants kill Naga Farmer in Manipur

Manipur: Suspected Kuki militant attack on Naga farmers working on paddy field; One killed, 3 sustained injuries

The Modi government wiped out impossible left-wing Maoism, but urban maoists persist

How Narendra Modi’s government dismantled red terrorism while the challenge of urban Maoism continues to loom

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies