Transition of Marriage from Sacrament to Contract: Comparative and Critical Reflections on Women’s Rights in Hindu and Muslim Laws

Shahnaz

 

Abstract: In many societies, the institution of marriage is considered an important medium to legalise and regulate sexual relations. It gratifies biological needs, blocks licentiousness, and ensures the continuity of the human race. Likewise, marriage delivers the message of care and bliss and strengthens social ties and fellow feelings. However, two dominating notions sanction the concept of marriage: one is that it is a sacrament whereas the other is that it is a legal contract.1 These notions impact differently the marital union and the respective rights of marital partners. This article argues how far these notions affect the freedom of women in marital matters. After reflecting on the canons of marriage under Hindu and Islamic laws, this article compares how these two notions may have bearing on the purpose and aim of marriage under these religious traditions and laws. The analysis reveals that marriage in Islam maintains a balance between the rights of women and men in marital matters irrespective of being bracketed as sacrament or contract.