Hindu Marriage is a sacrament (Sanskar), whereas Muslim Marriage is a contract. Discuss.

Question: Hindu Marriage is a sacrament (Sanskar), whereas Muslim Marriage is a contract. Discuss.

Find the answer to Hindu Law only on Legal Bites. [Hindu Marriage is a sacrament (Sanskar), whereas Muslim Marriage is a contract. Discuss.]

Answer

According to Hindu law, marriage is harmonizing the two individuals' eternity, so they can pursue dharma, Arth and Kama. On the other hand, according to Muslim law, marriage is the legal contract between the two individuals with their consent and their own will.

According to Muslim law, marriage is a pure civil contract while some other jurists say that it’s a religious sacrament in nature. But Muslim people consider Mohamed as the prophet who was sent by god according to him “Marriage among Mohamed is not a sacrament, but purely a civil contract, and though it is solemnized generally with the recitation of certain verses from the Quran, yet the Muhammad law doesn’t positively prescribe any service peculiar to the occasion.

Hindu marriage is “a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual need of dharma, procreation and sexual pleasure.”

There are three characteristics of the sacramental nature of marriage:

• It is an enduring bond between the husband and wife which is permanent and tied even after death and they will remain together after death.
  
• Once it is tied cannot be untied.
• It is a religious and holy union of the bride and groom which is necessary to be performed by religious ceremonies and rites.

On the other hand, Muslim marriage is generally considered contractual in nature. It is viewed as a civil contract between two consenting individuals, the bride and groom, established through mutual agreement and consent. This contractual aspect is a fundamental feature of Muslim marriage, and it is governed by Islamic law.

Here are key aspects of Muslim marriage as a contractual arrangement:

Consent: Both the bride and the groom must give their free and informed consent to the marriage. Without the explicit consent of both parties, the marriage contract is not valid in Islamic law.

Terms and Conditions: The marriage contract, known as "Nikah," includes specific terms and conditions agreed upon by the couple. These terms may include the mehr (dower), the rights and responsibilities of both spouses and any other conditions they wish to stipulate.

Witnesses: The marriage contract is typically witnessed by two adult Muslim witnesses who attest to the validity of the contract and the consent of both parties.