Now decisions will not be taken on the basis of personal law, historic decision of Jharkhand High Court, a big blow to Muslim men.

News India Live, Digital Desk: There has always been an ongoing debate in India on the complexity between personal laws and the Special Marriage Act (SMA). Now Jharkhand High Court has given an important and historic verdict on this subject, which has created a stir across the country. The High Court has clearly said that the personal law of any community cannot override the ‘Special Marriage Act’. This decision is being considered a major step, which has given a kind of legal ‘blow’ to Muslim men in particular, as it limits them the possibility of polygamy.

What is the decision of Jharkhand High Court?

Jharkhand High Court has clarified in its decision that:

• Supremacy of SMA: The Special Marriage Act (SMA) is a secular law that allows people of different religions to get married with or without any religious rituals. The court said that when persons of two different religions marry under the SMA, the law governing their marriage will not be their personal law but the SMA.
• Personal law will not prevail: The court also said that if a Muslim man has married a woman of any other religion under the SMA, he cannot marry a second time under his personal law, even if his personal law allows it. Because after a marriage done under SMA, only the rules of SMA will be applicable to the person and not the polygamy provisions of his personal law.
• Protection of women’s rights: The decision is also important towards gender equality and protection of women’s rights, as it limits the practice of polygamy, which has faced criticism by many women’s rights groups.

What are the implications of this decision (especially for Muslim men)?

Islamic personal law (Sharia) allows a Muslim man to have more than one marriage, provided he can marry. But this decision of Jharkhand High Court says that if a Muslim man has married under the ‘Special Marriage Act’, then he cannot take advantage of this rule of Islam and marry for the second time, because now the rules of SMA will be applicable on him, which supports ‘monogamy’. This will legally close the door for polygamy for them, if they have married under SMA.

This decision will have a wide impact on interfaith marriage and interpretation of personal laws in India. This clearly shows that the Special Marriage Act has its own important status as a special and secular law, which cannot be ignored by any personal law. This is an important decision towards establishing harmony between various laws of the country.