Muslim Marriage in Western Courts

Inscripción del matrimonio en el Registro Civil español y derecho internacional privado

“…En el supuesto específico de matrimonio celebrado en España en forma islámica, visto que puede no haberse tramitado un previo expediente matrimonial ante autoridades civiles españolas, el encargado del Registro Civil debe proceder a controlar la entera "legalidad del matrimonio" y la realidad del matrimonio con arreglo al art. 65 CC y 256 RRC (Instrucción DGRN 10 febrero 1993) (Foblets y Loukili, 2006: 521-555;Fournier, 2010).…”

Secular Portraits and Religious Shadows

“…French civil courts have enforced mahr by virtue of the doctrine of "contractual condition of marriage" 39 and have held that refusal to give the get can constitute une faute, a tort that triggers civil liability and leads to the payment of damages. French civil courts have enforced mahr by virtue of the doctrine of "contractual condition of marriage" 39 and have held that refusal to give the get can constitute une faute, a tort that triggers civil liability and leads to the payment of damages.…”

Unregistered Muslim Marriages: An Emerging Culture of Celebrating Rites and Conceding Rights

“…Such an agreement would set out the parameters of each party ' s obligations to the other, and also contain clauses which clarify their respective interests in fi nancial assets considered to be joint, such as their family home. It should be noted that studies of cohabitants (Barlow 2005) reveal that many people engaged in such relationships are unaware of their legal rights (or lack thereof) and it is entirely feasible that the same lack of awareness exists amongst Muslim couples (Fournier 2010).…”

“…The Mahr is a complex issue, and this nuptial gift to the bride is treated as an institution of the Muslim marriage. Many perspectives can be found on Mahr including traditional analysis by writers such asWani (1996) andFournier (2010), Mahr is referred to within the Quran itself in chapter 4 , verse 4 which states: ' And give the women (on marriage) their Mahr as a free gift; but if they, of their own good pleasure, remit any part of it to you, Take it and enjoy it with right good cheer ' .12 For example, in Morocco, Article 15 of the Moudawanam The Moroccan Family Code 2004, requires registration of the marriage contract with the appropriate authority within three months of being entered.13 Such practices are not limited to the UK, and are duplicated in many other jurisdictions including the US despite more stringent criteria. See for example,Welchman (2004: 188 -212).14 Such a marriage would not be properly constructed but would be considered valid within Islamic law nonetheless.…”