Muslim Marriage Registration Online

Muslim Marriage - An Overview

Muslim law is a civil law system that remains tacit. Marriage is a civil contract without any prescribed religious ceremony in this legal framework. The union between the bride and groom is established through an arrangement called Nikah, derived from the Arabic term for 'contract.' The Quran explicitly describes marriage as 'Mithaqun Ghalithun,' emphasising its nature as a robust agreement. The original purpose of Nikah was to facilitate the physical relationship between a man and a woman for procreation. Additionally, the concept of mahr ensures that women are honoured and provided with a marital gift.

Muslim law encompasses a rich combination of codified and uncodified sources, including the Quran, Sunnat, Ijma, Qiyas, customs, legislation, precedents, and principles of equity and justice.

Within the Sunni branch, there are four primary schools of thought:

• Hanafi
• Maliki
• Shafi'i
• Hanbali

The Shia branch, on the other hand, comprises three significant schools of thought:

• Ithna-Ashari
• Ismaili
• Zaidi

In India, the Hanafi School of Islamic law holds a dominant position, shaping the legal landscape within the Muslim community. It is through the collective influence of these diverse sources and schools of thought that Muslim law continues to evolve and adapt to the changing needs of society.

Why Register Under the Muslim Marriage Act?

As per Ameer Ali, marriage is a sacred institution established to safeguard society and protect individuals from indecency and immorality. Marriage, also known as wedlock, is a civil contract known as Nikah. This contract is entered into by the parties involved with the purpose of mutual benefit, as outlined by the Shariat. Its primary aim is to legalise the union between a man and a woman, ensuring that any children born from this union are considered legitimate. In Islamic law, a written document is not mandatory to validate the marriage contract.

However, a valid contract is essential for a Muslim marriage. The following are the objectives of a marriage.

• The legitimisation of sexual relations.
• The bearing and raising of children.
• The continuation and preservation of the human race.
• The regulation and organisation of social life.

Muslim marriage is fundamentally based on a contractual agreement and is regarded as a religious obligation. It is an act of worship known as Sunnat-Muwa-Akidah. Prophet Muhammad (PBUH) emphasised that those financially capable of supporting a wife and fulfilling the dower should enter into marriage. The key elements of Muslim marriage bear striking similarities to those found in a civil contract.

Muslim Marriage Registration Process

According to Muslim Law, the registration of marriage is not deemed mandatory. However, certain states such as Assam, Punjab, Bengal, Bihar, and Orissa have enacted laws requiring the registration of Muslim marriages. While registration is not a prerequisite for a valid Muslim marriage, it is authentic proof of the union.

In the case of Seema v. Ashwani Kumar, the Supreme Court ruled that the marriage of Indian citizens, regardless of their religion, should be registered in the state where the marriage occurred. Similarly, in the case of M. Jainoon v. Amanullah Khan, the Madras High Court stated that although registration is not obligatory under Muslim personal law, it cannot be said to be prohibited either.

Documents Required for Muslim Marriage Registration

As the Nikah is regarded as a contractual agreement, it involves the payment of consideration in the bride's name. The legal document that outlines the terms of the Muslim marriage is known as a nikah-nama.

Below is the list of documents required for Muslim marriage registration:

• Aadhar card, Pan card, and two passport-size photographs of the bride and groom.
• Invitation card and photographs from the wedding function.
• 10th and 12th-grade marksheets.
• Birth certificates.
• Copy of passport for foreign nationals (if applicable).
• Valid Visa for foreign nationals (if applicable).
• Divorce decree certificate (if applicable) for individuals who are divorced.

Islamic Marriage Act and Legal Guidelines

In both Sunni and Shia law, there are three types of marriages:

Also known as Sahih marriage, it is considered valid if:

• Proper proposals and acceptance are made.
• Proper consideration (mehr) has been decided.
• The marriage is based on the free consent of both parties.
• The parties are competent and have no legal disabilities.

• The woman obtains the status of a wife.
• She has the right to maintenance and property.
• Children born from a valid marriage are considered legitimate.

Also known as Batil marriage, it does not create legal obligations or rights and duties for the parties.

A marriage is considered void if:

• It violates an absolute prohibition.
• It is performed with a woman who is already married to someone else.
• It is performed with one's own divorced wife without following the legal process of Ha-La-La.

• The woman does not obtain the status of a wife.
• No maintenance or property rights are granted to the woman.
• Children born from a void marriage are considered illegitimate.
• If the marriage has been consummated, the wife is entitled to receive payment of the dower.

Also known as Fasid marriage, it is considered irregular if it violates a relative prohibition.

Legal consequences

• Before consummation: The marriage is void, and the wife is not entitled to dower or required to observe the iddat period.
• After consummation: The woman does not obtain the status of a wife, has no rights to property or maintenance, and children born from this marriage are considered legitimate. The wife is required to observe a three-month iddat period.

Muta marriage, also known as temporary marriage or marriage for pleasure, is recognised under Itna-Asharia-Shia law. This type of marriage is contracted for a specific period and a fixed amount and all legal provisions must be fulfilled.

There is no concept of divorce, and the marriage is automatically dissolved after the expiration of the period. Suppose the husband wishes to end the marriage early. In that case, he can do so by paying full dower as a gift for the unexpired time, known as Hiba-a-muddat. However, suppose the wife wants to end the marriage before the expiration of the time period. In that case, the husband has the right to deduct the amount.

• The woman obtains the status of a wife during the contract period.
• If the marriage has been consummated, she is entitled to the full dower; otherwise, she is entitled to half.
• After the expiration of the time period, the woman has no rights to maintenance or property.
• Children born during the marriage are considered legitimate.
• The iddat period is three months.

Step by Step process of Marriage Registration

Step 1: The first step of the marriage registration involves the consultation. Our experienced legal professionals will guide you through the process and address any queries or concerns.

Step 2: Our team will collect all the necessary documents for marriage registration.

Step 3: Based on the verified documents and information, Vakilsearch will prepare the marriage registration application on your behalf. We will ensure that all the necessary details are accurately filled in the application form.

Why Choose Vakilsearch for Muslim Marriage Registration Services

Regarding Muslim marriage registration services, Vakilsearch stands out as the top choice. With a wealth of experience and expertise in legal matters, we understand the importance of a seamless registration process. Vakilsearch ensures that all necessary documents and procedures are handled efficiently, saving you time and effort. Our team of dedicated professionals is well-versed in the specific requirements of Muslim marriage registrations, ensuring compliance with legal regulations. What sets Vakilsearch apart is our commitment to exceptional customer service, providing personalised assistance and guidance throughout the entire process. Choose Vakilsearch for Muslim marriage registration services and experience a hassle-free, reliable, and trustworthy service.

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