The petitions seeking recognition of same-sex marriages would dilute the concept of marriage, the Jamiat Ulama-i-Hind has said, reported Live Law on Saturday.
In an application filed before the Supreme Court on Friday, the Muslim organisation said that same-sex marriage is an assault on the family system and goes against the personal laws of all religions that recognise the concept of marriage between a man and a woman.
“The nature of prayers in the present petition is in complete contravention of the established understanding of the concept of marriage in all personal laws – between a biological man and a biological woman – and thus intends to rake up the very core, i.e. the structure of a family unit prevailing in the personal laws system,” the Jamiat Ulama-i-Hind said, according to PTI.
The Supreme Court is hearing a bunch of petitions challenging the constitutionality of several laws that allow for marriage only between heterosexuals.
While the petitioners have argued that these provisions are discriminatory against the LGBTQ+ community and infringe on their fundamental right to dignity and privacy, the Bharatiya Janata Party-led Central government has opposed these petitions, arguing that marriages can only be between heterosexuals.
The stand of the BJP has also been backed by its ideological parent, the Rashtriya Swayamsevak Sangh. It maintains that marriages can only happen between opposite genders.
In Friday’s application, the Jamiat Ulama-i-Hind argued that among Muslims, the concept of marriage is a socio-religious institution between a biological man and a biological woman. Any different interpretation given to it would lead to those claiming to be married under this category as “non-adherents”, the organisation said.
“The concept of marriage between two opposite sexes is like a basic feature of the concept of marriage itself, which leads to the creation of a bundle of rights [maintenance, inheritance, guardianship, custody],” it stated.
The Muslim organisation also pointed out that most eastern countries do not recognise marriage between members of the same sex. Such an union is prohibited by Hindus and Christians as well, it said.
“Since the atheistic worldview had a decisive influence qua the present alterations in the ideas of sexual morality, it must not be allowed to create any space within the religiously governed personal laws of communities,” the application added.
Also read: Will the Supreme Court be able to legalise same-sex marriage in India?
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