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Under Sunni Muslim law, the marriage of a Muslim man with an idolatress or a fire-worshipper shall be –

Under Sunni Muslim law (Mulla, Principles of Mahomedan Law, Section 259(1)), while a Muslim man may contract a valid (sahih) marriage with a Kitabia (a woman following a…

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Under Sunni Muslim law, the marriage of a Muslim man with an idolatress or a fire-worshipper shall be –

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Correct answer B

Under Sunni Muslim law (Mulla, Principles of Mahomedan Law, Section 259(1)), while a Muslim man may contract a valid (sahih) marriage with a Kitabia (a woman following a revealed scripture, such as a Christian or Jewess), his marriage with an idolatress or a fire-worshipper is not void (batil), but merely irregular (fasid). This rule was expressly affirmed by the Supreme Court of India in Mohammed Salim (D) Through LRs. v. Shamsudeen (D) Through LRs., (2019) 4 SCC 130.

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Option A

Incorrect. Under Sunni Muslim law (Mulla, Section 259(1)), a Muslim male may contract a valid (sahih) marriage with a Muslim woman or a Kitabia (Jewess or Christian), but not with an idolatress or fire-worshipper.

Option B

Correct. Under Sunni Muslim law (Mulla, Principles of Mahomedan Law, Section 259(1); affirmed by the Supreme Court in Mohammed Salim v. Shamsudeen, (2019) 4 SCC 130), the marriage of a Muslim man with an idolatress or a fire-worshipper is neither valid (sahih) nor void (batil), but merely irregular (fasid).

Option C

For the Sunni marriage described here, the impediment is removable, for example by conversion of the woman to Islam. The Supreme Court classified the marriage as irregular.

Option D

Incorrect. The birth of a child does not convert an irregular (fasid) marriage into a valid (sahih) marriage, although children born of an irregular marriage are legitimate.

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