Muslim Marriage Issues in Legal and Relationship Domains
Too many Muslim marriage issues…
It is natural. Life changes very quickly when you marry. No more simple ways. No more freedom of being single. Baby is born. Expenditures increase. New relations come into existence. A new partner has not only to share your bed but also your home. You may feel stressed at times. You need to adjust. You demand the same from your partner.
However, Muslim marriage issues are not unique. All marriages go through difficulties because it is real life. Their effect depends upon the attitude of the couple who is facing them. You may like to fight physically but many like to ignore them altogether.
Some prefer marriage counseling and others try to understand each other more. It all depends upon your experience and tendency to handle the difficulties. It is possible that both of you may have different temperaments but there is still a way if there is a will.
There are different kinds of difficulties. Some arise out of your social and racial backgrounds. Others relate to your children, family planning, in-laws, gender issues and mutual relationships. However, some are legal. You can broadly divide them in two major categories; legal and relationship issues.
Registration of Marriages in Pakistan
You shall submit individual affidavit to the marriage officer stating your age, permanent and temporary places of residence, marital status, mental status and any mutual relation if exists. You are also required to give proof of your age (with school certificate, passport or identity card) and proof of residence. Your declaration should be duly attested by the notary public and signed by the marriage officer.
The marriage may take in any form with any kinds of marriage customs. However, no marriage shall be valid until the parties to marriage give their consent and acceptance in presence of the marriage officer and three competent witnesses.
Section 5 of the “Muslim Family Laws Ordinance 1961” provides that every marriage solemnized under Muslim marriage law must be registered. The local union council is empowered to appoint marriage registrars in every ward of the council.
Registration of Marriages in India
Section 15 of Indian Special Marriage Act 1954, provides that any marriage celebrated may be registered by a Marriage Officer in the territories to which this Act extends. The sub-sections give details of necessities and prohibitions for marriage registration. The conditions involve number of spouses, mental state and age of the contracting parties. The law also provides that no marriage can be registered if the parties are within the degrees of prohibited relationship.
The National Commission for Women proposed compulsory registration of all marriages in 1992. A year later, while ratifying ‘Convention of Elimination of all forms of Discrimination Against Women, the Indian government has inserted a reservation regarding the minimum marriage age and compulsory registration of marriage stating that “it is not practical in a vast country like India with its variety of customs, religions and level of literacy.”
In Other Countries
Most of the countries require that a Muslim marriage must be registered. Indonesia’s National Marriage Act has made marriage registration compulsory in parts of the country dependent on evidence that the marriage is neither forced nor polygamous. Kuwait qualifies the parties at the age of puberty and of sound mind to enter a Muslim marriage contract. It makes marriage registration compulsory where the female has reached to the age of 15 years and male of 17 years.
Being signatories of the UN conventions, the governments recognize marriage registered in any country as registered within its boundaries. Suppose you register your marriage in Pakistan and go to U.K, you need not to register your marriage again. However, you may be required to show your registered marriage certificate.
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