Interreligious Marriage in Bangladesh: From Human Rights Perspective

Abstract

One of the important rights for human beings is freedom to marriage and religion as stipulated not only in the United Nation Declaration of Human Rights but also in Bangladesh Constitution. However, in some cases, this right cannot work smoothly within religious traditions that since very beginning seemed to emphasize single religion-based family over family based on pluralistic religions. In some regards Islamic law forbids interreligious marriage, especially a Muslim female with a non-Muslim male and also forbidden by the Hindu religious Rites. Interreligious marriage between Muslim and Hindu is recognized under Special Marriage Act, 1872 in Bangladesh. According to Article 2 of Muslim Marriage Law, 1974, “Marriage is legitimate, if it has performed in accordance with the religion and belief of each party”. This article discusses the right of interreligious marriage with the light of human right perspective and supported by the other laws. Meanwhile, the materials used in this article are primarily based on Muslim and Hindu religious rules-regulations and Marriage laws relevance to this issue. From this perspective this article argues that prohibition of interreligious marriage is contradictory to the universal human rights that maintain every human being has a right to build a family regardless of religious consideration. Where marriage is constitute in the life of two human beings not in religions.