Muslim marriage registration in India is done under the Muslim marriage act which is guided by The Muslim Personal Law (Shariat) Application Act, 1937. However to issue Muslim marriage certificates different states have different guidelines. There are some states for which marriage registration is compulsory and for some it is not. These laws are not applicable in Goa state, where the Goa Civil Code is applicable for all persons irrespective of their religion. These laws are also not applicable to Muslims who have married under the Special Marriage Act, 1954.
While other religious communities in India have codified laws, Muslim personal law is not codified in India.
The Kazi who has performed the marriage can issue a “Nikahnama” which is a marriage certificate. 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.
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 Muslim marriage certificate is issued by the Registrar of Marriages of the District where marriage was solemnized and/or where the parties usually reside 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.
Muslim Marriage Registration 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 then get the Nikah registered under that Act only and get a Marriage Certificate from the Registrar of Marriages under the Act.
Documents required for Muslim Marriage Registration
Following are the documents required for Muslim marriage registration:
- Marriage registration application form duly signed by both husband and wife
- Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport/ Birth Certificate)
- Address Proof of husband or wife (Voter ID/ Passport/ Aadhar)
- Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
- 3 passport size photographs of both the parties and two marriage photographs
- Marriage invitation card
- 3 witness having ID proof (2 passport size photograph each)
- Nikahnama or the certificate from a Religious place
Muslim marriage registration Procedure
Muslim marriage registration procedure in India varies from state to state under different state marriage registration act. Normally it’s registered under the Special marriage act 1954. Its 2-stage process:
Serving notice: This is the first stage of Muslim marriage registration. All necessary documents should be submitted to the marriage registrar’s office. Husband, wife and 3 witnesses will have to visit physically to the registrar’s office. 30 days notice will be issued. If there is no objection from any side after 30 days couple can go for marriage registration.
Marriage registration: After 30 days from the date of issue of notice marriage registration can be done. To complete the procedure, a visit of the husband, wife and witnesses is required. After completion of the procedure marriage certificate will be issued.
Muslim Marriage Act in India
Muslim marriage registration process and the Muslim Marriage Act in India is governed by The Muslim Personal Law (Shariat) application act 1937 . This law deals with marriage, succession, inheritance in Muslims. This act is based on Islamic law(Sharia) .
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 legal contract is signed when entering the marriage. However it is not a requirement that the contract be in writing, it may be oral especially amongst illiterates.
- 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 qualify as a legal wedding under the act.
- Requirement of witnesses – two witnesses from both sides
- Permission from Wali:Sunni: Compulsory (Maliki, Shafi’i, Hanbali) or Strongly recommended (Hanafi)
Shia: Depending on the scholar, it is either obligatory or obligatory based on precaution.
- Mahr is a mandatory gift given by the groom to the bride. Unlike a bride price, however, it is given directly to the bride and not to her father. Although the gift is often money, it can be anything agreed upon by the bride and groom such as a house or viable business that is put in her name and can be run and owned entirely by her if she chooses.
- Polygyny is permitted in Islam under some conditions. Indian Muslim men can have up to four wives, provided he treats all of them equally.
- There is an absolute prohibition of marriage in case or relationship of consanguinity.
Consanguinity (qurabat)-it means blood relationships and bars a man from marrying- Mother or grandmother, sister, aunt, niece etc.
Affinity (mushaarat)-a man is prohibited from marrying-
mother-in-law, step-grandmother, daughter-in-law, step-granddaughter, etc.
Fosterage (Riza)– when a child under the age of two years has been suckled by a woman other than his or her mother, the woman becomes his foster mother,a man may not marry his foster mother or her daughter or foster sister.
(The procedure regarding the above issue might have been amended in few states.)
Frequently asked questions
Under which law Muslim marriages in India are registered?
Law for Muslim marriage registration in India varies from state to state. Generally, laws in different states are governed by the special marriage act 1954.
How much time is required to get certified under Muslim marriage registration?
Normally it takes a minimum of 1 month time to get a certificate under the Muslim marriage act. However, there are states like Haryana where it is possible to get a certificate within 1 week same as Hindu marriage registration under the new Haryana marriage registration act 2008.
For detailed information about the Muslim marriage registration procedure, Pls refer https://itzeazy.in/location/marriage-registration