Muslim Marriage Registration
The Muslim Marriage Act is based on the Muslim marriage law. As per this act, marriage or “Nikah” between an Indian Muslim groom and bride is a civil contract that both the groom and the bride agree to.
Some key features of the Indian Muslim Marriage Act are listed below:
- The act applies only to Indian Muslim men and Indian Muslim women.
- A Muslim marriage is a civil contract in which there is a proposal (“Ijab“), usually by the bride and an acceptance (“Qubul“), usually by the groom.
- A Kazi (or Qazi) is not necessary for the marriage to take place. The proposal (“Ijab“) and acceptance (“Qubul“) in the presence of two adults qualifies as a legal wedding under the act.
- Muslim marriage between certain set of people is not allowed. These include blood relatives, relations by marriage, with two sisters, with a foster mother, if the man already has four wives, if the man and women were previously married and have divorced, but the woman has not remarried, etc.
- Indian Muslim men can have up to four wives, provided he treats all of them equally.
Unlike the other Indian Marriage Laws, as per the Indian Muslim Marriage Act registration of the marriage is not compulsory. The Kazi who has performed the marriage can issue a “Nikahnama” which is a marriage certificate. There are some states for which marriage registration is compulsory and some for which it is not. For legal reasons, such as passport, bank account opening, inheritance, consent in case of emergency, etc it is advisable that the Muslim marriage should be registered with the marriage registrar.
Let’s think: What can a Muslim couple do if they want to move to USA post marriage?
In India and some of the Muslim countries Nikahnama is sufficient proof of Nikah or Muslim Marriage, however in other countries for the purpose of immigration/ spousal visa the proper marriage certificate issued by the Registrar of Marriages of the District where marriage was solemnized and/or where the parties usually resides will be sought by the foreign authorities.
It is not only the Marriage Certificate that is required but this has to further bear authenticity/verification/Apostille from MEA, New Delhi. The Valid Marriage Certificate is issued by the Registrar of Marriages only after the registration of the marriage with the officer.
As far as registration of Muslim marriage is concerned, this can be registered under the State Marriage Registration Act of the State where it was solemnized and parties reside or under the Special Marriage Act, 1954 anywhere in India where the parties to marry reside for not less than 30 days.
The Notice period of 30 days required only for marriage registration under the SMA, 1954 and not for other State Marriage Registration Acts.
You should first find if the State in India where you stay and are getting married has any such State Marriage Registration Act or not if that State has the said mentioned Act than get the Nikah registered under that Act only and get Marriage Certificate from the Registrar of Marriages under the Act.
(The procedure regarding the above issue might have been amended in few states.)
For detail Pls refer www.itzeazy.in