your Legal Advisor
Dear readers, this week Your legal advisor is Ishrat Hasan, Advocate, The Supreme Court of Bangladesh. She is Managing partner of the renowned law firm namely, 'The Law Consultant', Eastern Mansion, 67/9 Pioneer Road, Kakrail, Dhaka, which professionally deals mainly with corporate law, cyber Law, commercial law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. She can be reached at - cell: 01521515654 e-mail: [email protected]
I'm a Hindu, married a Muslim woman for the past five years. We married each other in a Mandir. We have a three-year-old daughter. My in-laws now want me to convert to Islam. But I don't want to do so. Is it not possible to live together and fallow our own religions? And, if my wife continues to be a Muslim, can my daughter still be a Hindu? Can my in-laws take away my child, legally, if I don't convert? Who will be the guardian of the daughter?
Thanks for your query. You as a Hindu cannot validly marry a Muslim woman, therefore, the question of Mandir or Masjid does not arise. This kind of inter-religious marriage is not permissible in Hinduism or Islam either. So it is not legally possible for you both to continue with your respective faith and be recognized as husband and wife. You would be faced with many complications. Birth of a child has further complicated the situation. Your daughter comes out to be neither a Hindu nor a Muslim. The question of the legitimacy of your daughter also is there. Under your personal laws, you cannot legitimize her. Therefore, your in-laws cannot legally take away the child. Minor girl legitimate or illegitimate there must be a guardian to look after her. In this peculiar circumstances mother is the guardian of the minor daughter. I hope the above-given opinion meets your query.