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In some countries, including Burma, Israel, and Indonesia, there appear to be restrictions on interfaith marriages involving people of religions other than Islam as well.
In Afghanistan, the Civil Code applies to the marriages of the Sunni followers of Islamic jurisprudence.
However, article 222 of the Law states that, for all matters not provided for in the Law, reference must be made to the rules of Islamic Shari’a. Under Islamic Shari’a no Muslim woman can marry a non-Muslim man, but Muslim men can marry Kitabia women (Christians and Jews). Back to Top Article 11 of Law No.
19 of 2009 forbids the marriage of a Muslim woman to a non-Muslim man, and the marriage of Muslim man to a woman who is not Kitabia (referring to the Abrahamic religions). Back to Top In Bangladesh, family law matters, including marriage, are predominantly regulated by the personal status laws of the members of the religion concerned. The majority Muslim population is governed by Muslim personal status laws that are predominantly based on the Hanafi school of thought.
According to a religious fatwa (decree) issued by Dar al ifta’a al Massriyah (an official Egyptian religious authority with the power to issue religious decrees), it is permissible for a Muslim man to marry a non-Muslim woman in certain circumstances.
However, according to the same fatwa, marriage between a non-Muslim man and a Muslim woman is prohibited under Islamic law because the non-Muslim man will not respect his Muslim wife’s faith. Islamic law forbids Muslim men from marrying women who are atheists or do not believe in the Abrahamic religions.
Back to Top According to recent news reports, the Myanmar Parliament passed the Buddhist Women’s Special Marriage Law on July 7, 2015, and President Thein Sein signed the measure into law on August 26, 2015. The Buddhist Women’s Special Marriage Law applies to marriage between Buddhist women and non-Buddhist men. It appears that the Law subjects non-Buddhist men who marry Buddhist women to a number of requirements not applicable to the Buddhist spouse.
The Shafi’i school, which is the predominant school of jurisprudence in Brunei, has a fairly restrictive definition of Kitabiyya, namely Christians and Jews who are descendants of Israel. However, it unclear how restrictively courts in Brunei are interpreting this term.
According to a 2012 State Department report, “[m]arriage between Muslims and non-Muslims is not permitted” in Brunei and “non-Muslims must convert to Islam if they wish to marry a Muslim.
Instead, provisions of the Indian Succession Act of 1925 apply. According to the US State Department’s 2013 report on religious freedom in India, there are “reports that many couples faced administrative difficulties” in solemnizing marriages under the Special Marriage Act and were subjected to “harassment by local officials during the registration process.” In addition, the written notice that parties must submit, which is open for public comment for a period of thirty days, includes their “addresses, photographs, and religious affiliation,” opening the couple up to “possible harassment by religious groups objecting to interreligious marriages.” One report also notes that the requirement of one of the parties having to reside in the area for thirty days is a hurdle for couples who wish to elope from the town or city in which they reside. Back to Top Article 2(1) of Law No.
1 of 1974 on Marriage (Marriage Law) states that “a marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.” Article 2(2) requires that marriages be registered with the authority designated by the associated regulations. The Marriage Law therefore does not expressly prohibit interfaith marriage, and there has been debate over the meaning of article 2(1) and its impact on such marriages.