Jamiat Ulama-e-Hind has sought intervention in the matter relating to legal recognition of same sex marriage in India. The Jamiat has filed a petition in the Supreme Court opposing the recognition of same-sex marriages, seeking intervention in the matter on behalf of the Jamiat.

The Supreme Court has sent the case of same-sex marriage to a five-judge constitution bench for hearing. The constitution bench will hear this matter from 18 April 2023.

Validity of marriage based on established social norms the Jamiat organization has submitted that marriage between opposite sexes as a legal institution has been at the heart of India's legal system. It has opposed petitions filed to recognize the same-sex marriage into the existing legal system. Jamiat Ulema-e-Hind, in its intervention application, said that marriage of opposite sexes is central to the Indian legal regime. The concept of marriage is much more than a social legal recognition of the union of any two persons. Its recognition is based on established social norms, it cannot keep changing on the basis of changing perceptions based on newly developed value system.

Along with this, the Jamiat said in its application that there are several statutory provisions which ensure marriage between opposite sexes. It has legal provisions relating to inheritance, succession and various rights relating to tax liabilities arising out of marriage. He said that the concept of marriage between two opposite sexes is like a basic feature.

Right Concept of same-sex marriage not for India

Jamiat's application says that the petitions seeking recognition of same-sex marriages are undermining the concept of marriage, which is a stable institution, by introducing a free-floating system. It has been stated that in countries where same-sex marriage is prohibited, they have reached a certain level of social order in terms of education/literacy and social acceptance. The application argues that the concept of same-sex marriage cannot be introduced in India.

The application says that "It is also pertinent to mention that most of the eastern countries do not recognize same-sex marriages". The application also cited examples of various religions to argue that same-sex marriages cannot be allowed.