Live-in relationship between a Hindu and a Muslim is ‘Haram’ under Islamic law : Allahabad High Court

Prayagraj (Uttar Pradesh) – Under Islamic law, it is considered ‘haram’ (forbidden, against religion) for a Hindu and Muslim couple to have a live-in relationship. Such a relationship cannot be used as a means to evade the provisions of the Anti-Conversion Law or the moral tenets of Personal laws. Stating this, the Allahabad High Court refused to grant protection from arrest to a Muslim man and a Hindu Dalit woman, who had sought relief claiming they were in a live-in relationship.

1. In this case, the woman’s father had lodged a complaint as per the applicable Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Since the couple failed to produce concrete evidence that they were actually in a live-in relationship, the Court dismissed their petition and declined to stay their arrest.

2. The petitioners argued that they were in love, were consenting adults, and had the right to live together with anyone of their choice. However, the Honourable Court rejected this argument, stating that to live together, the legal process prescribed under Uttar Pradesh’s Anti-Conversion Law must be followed.

Definition and punishment for ‘Zina’

The Court noted that under Islamic law, any sexual relationship outside of marriage is called ‘Zina’. The punishment for zina is 100 lashes. In Islam, any act of physical intimacy, such as kissing, touching, or other sexual conduct before nikah (marriage), is considered ‘haram’.