KARNAVATI UNIVERSITY UNITED WORLD SCHOOL OF LAW

ACADEMIC YEAR 2023-24

FAMILY LAW- II

INTERFAITH MARRIAGES AMONG CHRISTIANS AND THEIR

IMPACT ON INHERITANCE: A LEGAL AND SOCIOECONOMIC

PERSPECTIVE.

Submitted To: Submitted By:

Ms. Bhawna Bhardwaj Prithish Dekavadia

Unitedworld School of Law Semester 5

Karnavati University Section B

Gandhinagar 20210401047

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 Table of Contents

ABSTRACT....................................................................................................................................3

INTRODUCTION...........................................................................................................................5

What is an interfaith marriage?....................................................................................................5

Bible on interfaith marriage.........................................................................................................6

LEGAL CONCEPT OF INTERFAITH MARRIAGES..................................................................7

1) Indian Christian Marriage Act, 1872....................................................................................7

2) Special Marriage Act, 1954..................................................................................................8

SOCIOECCONOMIC PERSPECTIVE..........................................................................................9

RELEGIOUS SEGREGATION....................................................................................................10

PROBLEMS FACED BY INTER- FAITH COUPLES................................................................11

INTERFAITH MARRIAGES IMPACT ON INHERITANCE....................................................12

CONCLUSION..............................................................................................................................13

REFRENCES.................................................................................................................................14

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 ABSTRACT

In today's varied and cosmopolitan world, Christian marriages that are interfaith are becoming

more and more popular. This paper looks at the dynamics of Christian communities' interfaith

marriages and the socioeconomic and legal implications of inheritance. It looks at the difficulties

and complications that might occur when people of various Christian denominations or non-

Christian faiths decide to get married, with an emphasis on how it could affect income

distribution and inheritance rights. This paper employs an interdisciplinary methodology,

integrating legal, social, and economic viewpoints to offer a thorough examination of this

intricate matter. From a legal perspective, the study explores the complex network of laws and

religious customs that control Christian inheritance and the consequences for spouses who

practice different religions. It looks at the possible conflicts that might result from different

applications and interpretations of these laws, which could cause legal issues as well as family

strife.

This paper investigates the financial consequences of Christian interfaith marriages from a

socioeconomic perspective. Specifically, it looks at financial planning, wealth distribution, and

the socioeconomic variables that affect these choices. This paper sheds insight on the

complexities of wealth transfer in interfaith homes by examining how these marriages may

impact family dynamics, the distribution of assets, and the rights of heirs to inherit. The study

also addresses how interfaith unions affect society as a whole, highlighting the necessity of

fostering more communication and understanding across various religious communities. It

emphasizes how crucial it is to promote openness and religious tolerance as well as modify legal

structures to account for the increasing diversity of interfaith families.

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In summarized manner, by providing a thorough examination of the legal and economic

ramifications on inheritance, this paper advances knowledge about Christian interfaith marriages.

INTRODUCTION

In India, arranged marriages continue to be the norm and commonly preferred way of entering

into marriage. Most young people continue to view a spouse chosen by the parents as the best

choice, though modern trends show greater consultation of parents with their children. Even

though the modern system of arranged marriages is quite diverse and varies greatly by area, the

primary factor in choosing a spouse is still religion. Religious personal laws often solemnise

intrafaith marriages in accordance with their religious ceremonies and rituals. However, in this

land of religious pluralism, there have always been many cases of interfaith marriages, too,

calling into question the applicability and relevance of religious personal laws for interfaith

marriages. The Special Marriage Act (SMA) 1954 of India provides a legal option for persons of

different religions to intermarry, but this optional secular law is not well known and has a

number of procedural limitations. It would be inaccurate to characterize Indian society as

progressing. Even in the twenty-first century, it continues to despise interfaith unions. The

destiny of the children resulting from interfaith marriages is one of the primary causes. Legally

speaking, the issue of whether a law applies to interfaith children comes up. As a result, a

number of problems arise, the most important of which is succession and inheritance rights. The

goal of this piece is to offer a more thorough examination of the same.

What is an interfaith marriage?

Marriage between adherents of two distinct religions is referred to as an interfaith union. Since

both Christians share the belief that Christ is Lord and Savior, two Christians from different

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denominations getting married is not seen as interfaith. However, an interfaith marriage occurs

when a practicing Christian marries a practicing Muslim, Buddhist, Jew, or member of another

religion, or when a practicing Christian marries an atheist or agnostic.

Bible on interfaith marriage

The Christians were forbidden from entering into interracial marriages under the Old Testament

Law. Nevertheless, skin colour or ethnicity was not the basis for this directive. It was more

religious. God forbade interracial marriage among the Jews because individuals of different races

were worshipping false deities. If the Christians wed idolaters, pagans, or pagan spouses, they

would be taken astray from God.

There are biblical scriptures and concepts pertaining to interfaith marriages in the Bible;

however, the individual interpretations and passages might change the direction. It's crucial to

remember that different Christian groups and academics may have different readings of these

texts. Here are some pertinent verses from the Bible and broad guidelines that are frequently

taken into account while talking about interfaith marriages:

1) Corinthians 6:14 (NIV): "Avoid associating yourself with unbelievers. What is the

commonality between evil and righteousness? Alternatively, how can light and darkness

enjoy fellowship? This passage is sometimes cited as a cautionary tale about marrying

someone who practises a different faith. It implies that Christians and non-believers

shouldn't be forcibly bound together. The premise is that spiritual well-being and marital

peace may be enhanced by shared religious beliefs. The Bible says nothing about the

propriety of interracial unions. Someone who forbids inter-racial relationships is not

operating within the parameters of scripture.

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2) Corinthians 7:12-14 (NIV): "A brother is not allowed to divorce his non-believing wife

if she is willing to live with him. Furthermore, a woman is not allowed to file for divorce

from her non-believing spouse if he is prepared to live with her. Because the unbelieving

wife has been sanctified via her believing husband, and the unbelieving husband has been

sanctified through his wife."

This text acknowledges that under some conditions, a Christian may marry an unbeliever.

It advises believers to remain in their marriage if the nonbelieving spouse is agreeable, on

the grounds that the believing spouse can have a good influence on both the nonbelieving

spouse and their children.

3) Corinthians 7:39 (NIV): "A woman is bound to her husband as long as he lives. But if

her husband dies, she is free to marry anyone she wishes, but he must belong to the

Lord."

The significance of believers marrying other believers is emphasised in this verse. It

implies that following a spouse's death, the surviving spouse is allowed to wed, but the

new partner must also be a believer..

LEGAL CONCEPT OF INTERFAITH MARRIAGES

The Legal concept of interfaith marriages can be divided under 2 acts -

1) Indian Christian Marriage Act, 1872 - In principle, the Indian Christian Marriage Act

1872 (ICMA) is the only personal legislation in India that offers a formal way to marry

someone from another religion. However, the Act essentially precludes the prospect that

any other personal laws might recognize a marriage between a Christian and a non-

Christian as lawful (note 3). It offers two types of marriage: a religious form conducted

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 by a priest or minister of any Christian religion, such as the Church of England, the

Church of Rome, or the Church of Scotland, or a civil form solemnized by a Marriage

Registrar appointed under the Indian Christian Marriage Act. The common practice

notwithstanding, the civil form tends to be largely a religious form especially when a

party to the marriage involves a Roman Catholic. Thus, interfaith marriages according to

the canonical form of Roman Catholics can be solemnized according to section 5 (1) of

the ICMA, 1872.

2) Special Marriage Act, 1954 - The Special Marriage Act, 1954 5 of India provides a

legal option to solemnize marriages “between any two persons (s. 4 of SMA)”. The Act is

a secular legal option because religious personal laws primarily govern personal matters

such as marriage, divorce, succession, adoption and guardianship (Law Commission of

India, 2017). In principle, the SMA 1954 is indifferent to religions of the parties seeking

to contract marriage under the Act. The civil right to marry whomever one chooses is

made available between two persons irrespective of any restrictions imposed by their

personal. The Act is particularly relevant in that unlike personal laws, it enables persons

of different religious faith to enter into a valid marriage without renouncing their faith or

converting to the partner’s religion.

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 SOCIOECCONOMIC PERSPECTIVE

CURRENT SCENARIO OF INTERFAITH MARRIAGES

In recent times, there has been a growth in interfaith marriages, which may be partially attributed

to factors like as globalisation, migration from rural to urban areas, higher education standards,

equitable economic opportunities, and social mobility. However, Indian culture is still generally

skeptical of and less accepting of interfaith unions. Such unions do not yet have complete

societal approval and legitimacy. The practices and traditions of the individual faith groups

continue to have a significant effect on the general perception of interfaith weddings. Society as

a whole favors organized religious endogamous marriage, even if the trend of marriage is not

static and some research suggest that the aforementioned variables would lead to a "reduction of

cultural diversity" and changes in marital practices. These weddings are more or less forced into

existence by the family, who see marriage as an alliance between two families or communities

rather than a personal decision. They also follow the stringent guidelines of caste, religion, and

class. We may hear about "honour killings" in situations when there are significant variances. It's

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common to see love and sentimentality as obstacles to choosing a partner who upholds family

values. Since of this, interfaith marriages generally face consequences and restrictions since they

are seen as a departure from the community's self-regulating structure.

RELEGIOUS SEGREGATION

In India, religionism and casteism have endured for millennia. In Indian society, interfaith

weddings continue to be stigmatised despite a number of regulations. A number of state

governments have shown worry recently about passing appropriate legislation to outlaw

weddings, which they label as "Love Jihad." However, considering legislation pertaining to

interfaith marriage would be a blatant violation of many people's rights, including the freedom,

personal liberty, and right to life.

Indians have separate lives based on their religion. Interreligious marriages are extremely rare;

most people establish friendship circles within their own religious group and marry someone of

that faith. In fact, the vast majority of Indians believe it is critical to prevent members of their

community men and women alike from getting married outside of their faith. In general, Indians

have no problem with people from different faith groups residing in their town or

neighbourhood. However, a sizable portion of adult Indians said they would not tolerate having

neighbours who practise various other religions. Religions differ in these types of desires for

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leading distinct lifestyles. While a significant portion of Muslims and Hindus claim that all of

their close friends are also members of their respective religions, Christians and Buddhists often

have significantly more diverse social circles and place less value on outlawing interfaith unions.

Another factor is geography. In general, people in southern India are less against interfaith

marriages and more religiously integrated. For instance, compared to Hindus in other regions,

Southern Hindus are more likely to say they would welcome a Muslim or a Christian as a

neighbour. In contrast, the country's Central area is notable for its extreme religious segregation.

PROBLEMS FACED BY INTER- FAITH COUPLES

Social hostility and family pressure have a negative impact on interfaith relationships.

Additionally, the Special Marriage Act's provisions encourage these kinds of behaviours. It

violates the right to equality since personal law marriages do not have such stipulations.

Furthermore, since the couple's personal information is included in the notice posted on the

bulletin board, it also infringes against their right to privacy. Individuals' personal decisions are

safeguarded by the right to privacy, which is guaranteed by the constitution. As a result, this

requirement was ruled to be optional in order to protect people' basic rights when questioned in

court.

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 IMPACT OF EXTENDED FAMILY SUPPORT

Families and individual religious groups may exert considerable negative pressure on couples

who do not share the same faith. If one partner's spouse is not accepted by their family, they may

experience a decrease in their sense of well-being and a sense of estrangement. Relationship

tension might result from this. An engaged couple's relationship may suffer and they may not be

able to have a happy marriage if their spouse has unwelcome ties with their family.

INTERFAITH MARRIAGES IMPACT ON INHERITANCE

The primary law that controls Christian inheritance customs in India is the Indian Succession

Act, 1925. The Act applies to all Indian Christians, irrespective of their religion. In an interfaith

marriage between a Christian and a non-Christian, the Christian spouse would still be subject to

the Indian Succession Act. The non-Christian spouse's inheritance would be governed by the

laws of their respective faiths, exempt from this Act's limitations.

The intestate succession of Christians in India is governed by the Indian Succession Act. The Act

does not differentiate between same-faith and interfaith marriages; instead, it establishes

guidelines for the division of property among legitimate successors.

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While in inheritance rights of spouse the surviving spouse is usually entitled to a share of the

deceased spouse's property. The specific share may depend on various factors, including the

presence of children and other surviving relatives.

The non-Christian spouse's inheritance rights will be governed by any personal laws that apply to

them because of their faith. The personal laws of both spouses must be taken into account in

interfaith marriages in order to determine how inheritance will be distributed.

People can make a will to indicate how they want their assets to be allocated after they pass

away, regardless of their faith or kind of marriage. The Indian Succession Act's intestate

succession laws may be superseded by a legitimate will.

CONCLUSION

Religion continues to be the main consideration when selecting a partner, despite the fact

that the current system of arranged marriages is highly varied and differs by region. People of

various religions can legally choose to marry one other under India's Special Marriage Act

(SMA) 1954, however this optional secular law is not well recognised and has some procedural

restrictions. One of the main reasons is the fate of the offspring of interfaith marriages. The

Christians would be led astray from God if they married idolaters, pagans, or pagan partners.

Interfaith marriages have been more common in recent years, and this trend may be partly

explained by elements like social mobility, globalisation, education standards rising, rural-to-

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urban migration, and equal economic prospects. Nonetheless, interfaith marriages continue to

face considerable scepticism and lack of acceptance in Indian society. The prevailing attitudes

about interfaith marriages are still greatly influenced by the customs and practises of the various

faith communities. Despite several laws, interfaith marriages are nonetheless frowned upon in

Indian society. An engaged couple's relationship may suffer and they may not be able to have a

happy marriage if their spouse has unwelcome ties with their family. The primary law that

controls Christian inheritance customs in India is the Indian Succession Act, 1925. In an

interfaith marriage between a Christian and a non-Christian, the Christian spouse would still be

subject to the Indian Succession Act. The non-Christian spouse's inheritance would be governed

by the laws of their respective faiths, exempt from this Act's limitations.

REFRENCES

- “The Concept of Interfaith Marriage: Islam-Catholicism and Its Implications for

the Moral Educations of Children.” Jurnal Pendidikan Sosiologi Dan Humaniora, vol.

Vol. 14, Iss: 1, no. Journal•ISSN: 2087-8451, 11 June 2017, p. 128.

- Anto, Herry . “A Interfaith Marriage Based on Positive Law and Protestantism

Perspective.” Al-Ahkam, vol. Vol. 18, no. ISSN: 1978-1970, 21 Jan. 2023, pp. 30–36.

- Petersen, Larry R. “Interfaith Marriage and Religious Commitment among

Catholics.” Journal of Marriage and the Family, vol. 48, no. 4, Nov. 1986, p. 725,

https://doi.org/10.2307/352565. Accessed 9 Oct. 2019.

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- Tasya , Elle , and Benny Djaja. “Inheritance Rights in Interfaith Marriages

according to Inheritance Law.” Social and Educational Studies , vol. Vol 2 No.9, no.

Vol. 2 No. 9 (2023): Edunity : Social and Educational Studies, 25 Sept. 2023.

- Indian christian marriage act, 1872 (1872) India Code. Available at:

https://www.indiacode.nic.in/handle/123456789/2186?locale=en (Accessed: 16

November 2023).

- India code: Indian succession act, 1925. Available at:

https://www.indiacode.nic.in/handle/123456789/2385?locale=en (Accessed: 16

November 2023).

- Mishra, A. (2014). Breaking silence - christian women’s inheritance rights under

Indian Succession Act, 1925. SSRN Electronic Journal.

https://doi.org/10.2139/ssrn.2542728

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