Muslin Marriage Act

8/3/2019 Muslin Marriage Act

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MUSLIM MA R R IA G E 1

THE MUSLIM MARRIAGE ACTARRANGEMENT OF SECTIONS

1. Short title.2. Interpretation.3. Appointment of Muslim marriage officer.4. Marriage officers may act in an y part of the Island.5 . Civil Registrarsto exhibit list of marriage officers.6. Requisitesof marriage.I. Age limit and consent.8. Consent o mamage in certajn cases.9. Marriageswhich may not be registered.10. Completion of marriage cenificate and transmission to Registrar-11. Registration of marriages entered into prior to wmmencement of12. Filing of certificate and registration of marriage by Registrar-13. Legitimacy of children.14. Application of Legitimation Act.15. Correction of clerical errors in RegisterBook.16. Searches in RegisterBook andmpies of entries.17. Use of English language.18 . Destroying or injuring RegisterBook, tc.19. Offences by unauthorized persons.20. Fces.21. Regulations.22. Marriages permissible under the gweralkw.

Proviso as to polygamous and incestuousmarriages.

General.ActGeneral.

SCHEDULE

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-T& inclusion of this page is a u t h o r i d by L.N. 80/1973]
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MUSLIM M A R R I A G E 3

THE MUSLIM B 4RRIAGE ACT[19th December, 19-57.]

tar53 Of 1957.

1. This Act may be cited as the Muslim Marriage Act. shortti&.2. InthisAct- Interprets-tiw.Civil Registrar and Registrar-General mean res-pectively Civil Registrar of Marriages andRegistrar-Generalof Marriages under the MarriageAct;

marriage officer means a person appointed to be aMuslim marriage officer in accordance with section3;Register Book means the Muslim Marriage RegisterBook provided for under section 12.

341) he Minister or any person duly authorized by Appaint-him may from time to time appoint, and remove at pleasure, Mustimsuch persons being Muslim as he shall think fit to be ;gymarriage officers for the purposes of this Act.(2) Appointments and removals of, and any resigna-tion or vacation of office by, marriage officers shall benoti6ed in the Gazette, and shall take effect from the dateof publication.

m a t of

4. It shall be lawful for any officer appointed under M ~ U Osection 3 to act as a marriage officer in any parish of the .EtinmyIsland.

ofharsmrypart of theIdsnd.

5. Every Civil Registrar shall keep affixed in a con- civil^+.t n r a to cx-spicuous place in his office list containing the names and hblt!ietofaddresses of all marriage officers appointed under this Act.

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4 MUSLIM MARRIAGEReqnisitcs 6.The requisites of a valid M u s h marriage under this

Act are-fmarriage.

(U ) that each of the parties belongs to and professesthe Muslim faith or religion;(6) that each of the parties shall, as regards age,mental capacity and otherwise, be capable of con-tracting marriage;(c) that the parties shall not by reason of anything

contained in the Islamic law relating to marriagebe prohibited from marrying one another;(d) that the parties, understanding the nature of thecontract, shall freely consent to marry one another;(e) that the marriage shall be effected by or before aperson appointed as a marriage officer under theprovisions of this Act;(fl that the marriage shall be registered in accordancewith the provisions of thisAct :

Provided that no mamage shall be contracted under thisAct, or if so contracted and registered, the same shall benull and void a6 initio,where it is shown that either of theparties has, or had at the time of such contracting and regis-tration, a wife or husband alive, or where either party isdirectly descended from the other, or where the female isa sister of the male, either by the full or the half-blood, orwhere the male is a brother of the female, either by the fullor the half-blood.

provisoaam o w a d~n(ysmousanispea.to polyga-

&limitand conaent 7. The age at which a person, being a member of theMuslim community, is capable of contracting marriageshall be sixteenyears :

Provided that in the case of an intended marriage betweenpersons either of whom being a male is under twenty-oneyears of age or being a female is under eighteen years ofage (not being a widower or widow), the consent to suchtTk iaduaion of tb i8 page is auihoriEDd by LN. NJ119nl


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MUSLIM MARRIAGEmarriage, of the father if living, or, if the father is dead, ofthe guardian or guardians lawfully appointed or of one ofthem, and, if there is no such guardian, then of the mother ofsuch person so under age, and, if there is no mother living,then of such other person as may be appointed for the pur-pose by the Minister, shall be certified in writing by themarriage officer by or before whom the marriage is effectedupon the certificate of such marriage to be issued in accord-ance with the provisions of this Act.

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8. In case any person whose consent to a marriage is ConFenttomarnage inrequired in accordance with section 7 is absent from the certainIsland or is unable or refuses to give such consent or is not-f sound mind, it shall be lawful for the person desirousof contracting such marriage to apply to the Minister toappoint a person, being a member of the Muslim com-munity, to examine into the circumstances of such intendedmarriage, and if upon such examination by the person soappointed it appears to him that there are no reasonableobjections to such intended marriage, he shall so formallydeclare in writing and such declaration shall for the purposesof this Act be deemed equivalent to such consent as afore-said.9. Subject to the provisions of section 11, if any persons M m wintermarry otherwise than in accordance with the provisions not bc-of this Act, the marriage of such persons shall not be regis- ted.tered under the provisions of thisAct.

which may

10.41) Immediately after a Muslim marriage has been completionofmarriageeffected by or before a marriage officer, he shall enter in a h f i c a kbook to be supplied by the Registrar-General and kept by ZLZy;the marriage officer for that purpose (to be called the EzyMuslim Marriage Certificate Book) a certificate in theprescribed form of the said marriage, which shall be signedby such marriage officer and by the parties to the marriageITIK inclusion of this page is authorid by LN. 80/1973]


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MUSLIM MARRI AGEand by two credible witnesses, and such marriage officershall enter up in the counterfoil the prescribed particularsand sign the same.

(2) Every marriage officer shall, within seven daysof a Muslim marriage being effected by or before him, trans-mit to the Registrar-General the certificate referred to insubsection (1).(3) Upon receipt of the said certificate the Registrar-General, if it appears to him that the requisites of a validMuslim marriage have been complied with and that the con-sent of any person required by this Act to consent to suchmarriage has been obtained, shall cause the same to beregistered.(4) Every marriage officer who, without reasonable

cause or excuse, fails to transmit to the Registrar-Generalany certificate in accordance with the provisions of t h i ssection shall be guilty of an offence against this Act andshall be liable on summary conviction before a ResidentMagistrate to a fine not exceeding twenty dollars.~ ~ ~ ~ i s h ~ t i ~ ~1.41) Any Muslim marriage which was entered intoofmamasea prior to the 19th December, 1957, between Muslims domi-pi-iorto ciled in the Island at the date of such marriage and whichmentor marriage is still subsisting and is valid according to theMuslim law relating to marriage may be registered underthis Act in amrdance with the provisions hereinaftercontained.

(2) The parties to such marriage shall attendtogether with a &age officer before a Civil Registrarand such parties shall, in the presence of and before theCivil Registrar, make a declaration in the form prescribed,which declaration shall be certified by the marriage officerin the manner prescribed.

entered intocOmmmce-Act.

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MUSLIM MARRIAGE(3) The fee prescribed for effecting a marriage shall

apply in respect of the taking of the declaration of amarriage entered into prior to the 19th December, 1957.(4) If it appears to the Civil Registrar that therequisites of a valid Muslim marriage were complied withat the date it was contracted and that such prior marriageis still subsisting he shall transmit the declaration to theRegistrar-Generalfor registration.

I12 . 4 1 ) The Registrar-General shall file in his office all Flilngofcertificates and declarations of Muslim marriages which andmn,s-in a book in the prescribed form to be kept in his office for RwstraPsuch purpose and to be called the Muslim MarriageRegister Book particulars of every certificate anddeclaration of a Muslim marriage which shall be filed inhis office, and every entry so made shall be dated on theday on which it is so entered and shall be signed by theRegistrar-General.

(2) Upon such registration by the Registrar-Generaland upon payment of the prescribed fee, he shall issue andtransmit to the parties to the marriage a certificate ofregistration of the marriage in the prescribed form, and inthe case of a marriage effected after the 19th December, 1957,he shall send a notification of the fact and date of registrationto the mamage officer by or before whom the marriage waseffected,who shall thereupon enter such particulars in thespace provided for the purpose in the counterfoil of theMuslim Marriage Certificate Book.

a r t l f i f a t 0

shall be transmitted to him, and shall forthwith register F$g$,,y IGCXraL

13. The children of any Muslim marriage registered in wtimac~of cbildrcn.accordance with the provisions of this Act shall be legitimate,and in the case of children of a prior marriage registeredby virtue of sections 11 and 12 who were born before thedate of such registration, the date of legitimation shall be

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8

Applicationof Leitma-tion Act.

Correctionof dencale m nRegislaBoat

Searches inRe&-Book andcopiesofentries.

use ofEnglishb w c .

MUSLIM M A R R I A G Ethe date of registration of such prior marriage under the sec-tions aforesaid :

Provided that the provisions of this section shall notoperate to alter the status of any child deemed legitimateby virtue of the provisions of any other law.14. The Legitimation Act shall apply, muiatis mutandis,to persons legitimated by reason of registration under the

provisionsof this Act.15. The Registrar-General may correct any clerical errorin any certificate of marriage filed in his office and in theRegister Book, and shall authenticate every such correctionby his signature and the date of such correction.16.-(1) Upon payment of the prescribed fees, the

Registrar-General shall at all reasonable times allowsearches to be made in the Register Book and shall givecertified copies therefrom.(2) Any copy certified under the hand of theRegistrar-General to be a correct copy of any entry in theRegister Book shallbe admissible as evidence of the registra-

tion of the marriage to which it relates in all courts orbefore any person now or hereafter having by law orconsent of the parties authority to hear, receive and examineevidence.17. AU prescribed applications, certificates and entriesin the Register Book shall be in the English language.A marriage officer who is unable towrite, ut able to read,the English language, may muse the particulars required inthe certificates and entries inthe Register Book o bewrittenin the English language in his presene by anotherperson,butsuch officer must nevertheless sign the certificates and entriesin the RegisterBook

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MUSLIM MARRIAGE 918. Every person who unlawfully and maliciously Destroyingdestroys or injures, or causes to be destroyed or injured, any RgwterRegister Book or any notice, licence, certificate, entry or B'ok.etc.statement mentioned in this Act, or any certified copy there-of respectively, shall be guilty of felony, and liable onconviction on indictment to imprisonment with or withouthard labour for a term not exceeding three years.

or injuring

19. Any person who without being duly appointed as a mmo~rbyunorhor-PtTsOod.marriage officer- izFd(a) knowingly and wilfully solemnizes any marriagepurporting to be a marriage under the provisionsof thiiAct; or

(b) knowingly and wilfully makes or signs any certifi-cate or signs any declaration required by this Actto be made or signed by a marriage officer,shall be guilty of felony and liable on conviction on indict-ment to imprisonment with or without hard labour for aterm not exceeding threeyears.

20. All fees received by or on behalf of the Registrar- F ~ .General under this Act shall be accounted for and paidby him into the Consolidated Fund.

21. The Minister may make such regulations as may be Re&tionbnecessary for the proper carrying out of the provisions oft h i s Act, andmore especiallymay p r e s c r i b

(a) the form of any certificate, register or other docu-ment required for the purpose of this Act;(b ) the conditions under which registers or otherdocuments may be inspected; and(c) the fees to be paid in respect of anything requiredor permitted to be done under the provisions ofthis Act, and provisions for their remission on

-

inclusion of thispage is authorized by L.N. 480/1973]


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10 MUSLIM MARRIAGEaccount of the poverty of the parties or for othergood reason :Provided that, until varied or revoked by any suchregulations, the regulations contained in the Schedule shallbe in force.Schodde.

Marriage3underthe

22. Nothing in this Act contained shall be construed toprevent or disable any Muslim from contracting a rnamageaccording to the general law of the Island.pcrmissiblegcneral law.

lTbc inclusion of this page ir authorized by L.N. 480119731


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MUSLIM MARRIAGESCHEDULE (section 21)

PART IGmeml1. These Regulations may be cited as the Muslim Marriage Regula-tions, 1957.2. In these Regulations the expression "Act" means the Muslim3. The fees set out in Part II shall be payable in respect of the matters4. The Forms set out in Part III shall be the Forms to be used in

Marriage Act.thenin spxificd.respectof the matters therein speci6ed.

PART 11Fees

(U ) For effecting a m a m a s (such fee to be payable tothe marriage & er) . I . ... ... 25c(a) For issuing a certificateof registration of marriage 2%

(c ) For every search in the Register Book ... 1oc(d) For ev& d e d opy of any entry in the RegisterBook ... ... ... ... 25c

inclus4on of thia page. is authorized byLN. 80/19731


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PART mRle MUSLIM MARRME AcrDeckamlion Rtquirod by Seclion 11

D a b a c e f 1LhT-zat date of mnrriage

Namcs of children whoMdead, with date and plamI of dcathNames and MX ofchildren with date of birthIifca namean d ageat date of

1. Th.t the dktnils of tha b e t out abwe am true and auch marriaga was in acavrdancawith the Islamic law relaliw2. That at the dab of such marriage we wore domidled in thc Island.1. Thst such marriage ir rUU avbsiating &rdin,q to the Islamic law of mariiage at the datehaeundcrmitten.tomuriago.

Dadarcd at thi. day of . Signatmeormark ofpanimt, I 9 . b d o m m c . (i).............................................................................................................................. (U) ......................................................................CiVN Ragblrar

Signatmeof Witn- who dentify the par&.:(1) .....................................................................(ii) ......................................................................


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PART IIITw MUSLIMMmm~ m

Dedurolion Required b y Secrion I 1 (conld.)I. I oe , a mIIiage officer appointed under the Act do hereby certify as f o U o w e

1. That the palties to the marriage specified above a n dmrou8 of registering such marriage undcr the Act.2 That I have enquired Into the cim~nwtances f such marriage and to the best of my knowledge, nformation and belief. thedetnils specifid abvc are tnro and such p n i a g e wan in accordance with the Islamic law and is still subsisting betweenthe said particn at the date hereunder Wntten.

Dated this day of , 19 .Dated this day of

..................................................................Marria#e Ofice?19 and countersigned by..................................................................Regislrar-General


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h USLIM M A R R I A O ~AcrNo. Th e Muslim MarriOgc Cerlificate Book (Section 10)

I

:&msmagcCounterfoilPariahHusband3 namo and agoDale and p k x ofmarripge

Ompatioa of Name f father Name of fathaHWbband'S huband and wife's name ofh,,&and Dowry and-Ebandq addr w "'z:zdow payableandaddress-

%i* .......................................... (U) .....................................................................(i) .....................................................................(U) .....................................................................

Signature of mprrioec OficerSignature ofWitn e s s :

..........................................I, of , a marriage o h r underthe Act do haeby ccrti!~ hat n marriage between,thc abovementionedpqieticl in accadnncc withthe Ialamic law of mamago and the Muslim Mamage Act, wm entersd mto before me on theday of , 1 9 .9 ........................................... ......................................................Signalure of Marriage Officer

Siflolure of Registrar-Gmernl......................................................

011 th0 day ofsr h t i h w . :Si-rc of M6rria#c O&er

8 3 . *R+stratim on heday ofI.To be f+d n by Mlrri.go 0 5 n rWbcn M a d by


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MUSLIM MARRIAGE 15

IThe inclusion of hii page ia authorized by L.N. 80/ 19731

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...


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36 :MUSUM MARRIAGE.. TIIE MUSLIMMmrturn Am. .

. . Certificateof Registrmion of M a n i a s (Section 12 (2) )i Tbiis is to c d f y that a marriage

*ate&nto before. a marriage officertenteFd into

.. . . . . . ..1

day of . 19 ,bctwann the ' ',o f ' and

I...

' of .was duly registered m~.acc~+ce with the provisionsof thc ~ c t .n theday of .19 .

.................................................... . ~gnaturef R6gisfi ir-Ged, .

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. _. . .. IThe inclusion of this page is aulboriacd by LN. 80/1973]. . . ....

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Muslin Marriage Act