Muslim Marriage Registration in India

Muslim marriage registration in India is governed by The Muslim Personal Law (Shariat) Application Act, 1937. But, rules for issuing Muslim marriage certificate are different in each state. In some states, marriage registration is compulsory, while in others it is not. In this blog, we will discuss about Muslim marriage registration.

Importance of Nikahnama

Kazi who performs marriage can issue “Nikahnama,” which acts as proof of marriage. For legal reasons such as passport, bank account, inheritance, or emergency consent, it is advisable to register marriage with Marriage Registrar.

In India and some Muslim countries, Nikahnama (certificate issued by Kazi) is accepted as proof of marriage. In other countries, especially for immigration or spousal visa purposes authorities require formal Muslim marriage certificate issued by Registrar of Marriages in the district where marriage took place or where couple resides

Marriage certificate alone is not enough. If you want to use it abroad, you must get it verified or apostilled by Ministry of External Affairs in New Delhi.  Valid marriage certificate is issued by Registrar of Marriages only after registration of marriage with officer.

Where to register muslim marriage

You can register Muslim marriage under State Marriage Registration Act of state where marriage was solemnized and where couple resides. You can also register under Special Marriage Act, 1954 (SMA) anywhere in India, provided both parties have lived in that area for at least 30 days.

Notice period of 30 days required only for marriage registration under the SMA, 1954 and not for other State Marriage Registration Acts.

First, check if your state has Marriage Registration Act. If yes, register Nikah under that Act and get marriage certificate from Registrar. If no, then you can register under Special Marriage Act, 1954.

Documents required for Muslim Marriage Registration

Following are documents required for Muslim marriage registration:

1. Marriage registration application form duly signed by both husband and wife
2. Proof of date of birth (Matriculation Certificate, Passport, or Birth Certificate)
3. Address Proof of husband or wife (Voter ID/ Passport/ Aadhar)
4. Affidavit from both stating place and date of marriage, date of birth, marital status at time of marriage and nationality
5. 3 passport size photographs of both parties and two marriage photographs
6. Marriage invitation card
7. Three witnesses with ID proof and two passport size photos each
8. Nikahnama or certificate from 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 first stage of Muslim marriage registration. You have to submit all required documents to Marriage Registrar’s office.  Husband, wife and 3 witnesses will have to visit physically to 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 date of issue of notice marriage registration can be done. Husband, wife, and witnesses must visit Registrar’s office to complete marriage procedure. After 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 Indian Muslim groom and bride is civil contract. Both must agree to marriage willingly.

Some key features of Indian Muslim Marriage Act are listed below:

• The act applies only to Indian Muslim men and Indian Muslim women.
• Muslim marriage is civil contract in which there is a proposal (“Ijab“), usually by the bride and an acceptance (“Qubul“), usually by the groom.
• Marriage contract can be written or oral. Written contract is common, but oral contract is also valid.
• Kazi (or Qazi) is not necessary for marriage to take place. The proposal (“Ijab“) and acceptance (“Qubul“) in presence of two adults qualify as legal wedding under act.
• Requirement of witnesses – two witnesses from both sides
• Permission from Wali –
  • Sunni: Compulsory (Maliki, Shafi’i, Hanbali) or Strongly recommended (Hanafi)
  • Shia: permission from Wali is either required or considered safer to follow as precaution.
• Mahr is a mandatory gift the groom gives directly to the bride. It is not bride price, it does not go to her father or family. Gift is usually money, but it can also be property, house, or business. Whatever is given must be in bride’s name, and she has full right to own, use or run it as 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 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)– If child under 2 years is breastfed by woman other than the mother, that woman becomes a foster mother. Man cannot marry his foster mother, her daughter, his foster sister.

(The procedure regarding the above issue might have been amended in few states.)

For detailed information about the Muslim marriage registration procedure, Pls refer  https://itzeazy.in/location/marriage-registration

Frequently asked questions

Under which law Muslim marriages in India are registered?

Law for Muslim marriage registration in India varies from state to state. Laws in different states are governed by special marriage act  1954.

How much time is required to get certified under Muslim marriage registration?

Normally it takes minimum of 1 month time to get marriage certificate under Muslim marriage act. But, there are states like Haryana where it is possible to get certificate within 1 week same as Hindu marriage registration under new Haryana marriage registration act 2008.

What is the Muslim Marriage Act 1939?

The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can get divorce. Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage, succession and inheritance among Muslims. 1939 act (Act No. 8 of 1939) is meant to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage brought by women married under Muslim Law.

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