Muslim Marriage Registration in India

Muslim Marriage Registration in India

Muslim Marriage Registration in India

Muslim Marriage Registration in India is done under Muslim Marriage Act which is guided by The Muslim Personal Law (Shariat) Application Act, 1937. However, different states of India have different guidelines if you want to obtain Muslim Marriage Certificate. There are certain states where Marriage Registration is mandatory while in some states it is not.

That said, Goa is one state where the Goa Civil Code is applicable for all persons regardless of their religion. The above mentioned laws are not applicable to Muslims who got 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 conducted the marriage can issue a “Nikahnama” i.e. a Marriage Certificate. In any case, for legal reasons such as passport, opening a bank account, inheritance, consent in case of emergency etc., it is advisable that the Muslim marriage be registered at the Marriage Registrar’s Office.
 
In India and some of the Muslim countries, Nikahnama is sufficient evidence of Nikah or Muslim Marriage. However, in other countries for the purpose of immigration/spouse visa, a proper Muslim marriage certificate must be issued by the Registrar of Marriages of the place where the marriage was held. If the parties reside at an international country, you need to register the marriage with the federal authority.
 
The Marriage Certificate further has to bear the authenticity/verification/Apostille from MEA, New Delhi. A Valid Marriage Certificate is issued by the Registrar of Marriages only after the Marriage registration is done with the respected official.
 
Muslim Marriage Registration can be registered under the State Marriage Registration Act of the State;
 

  • Where it was solemnized and parties reside OR,
  • As per the Special Marriage Act, 1954 anywhere in India where the parties who want to marry are residing for not less than 30 days.
 
NOTE: A notice period of 30 days is required only for Marriage Registration under the SMA, 1954 and not for other State Marriage Registration Acts.
 
Make sure that the state in India where you are residing has any State Marriage Registration Act. If Yes, then get your marriage registered under that Act for applying a Marriage Certificate from the Registrar of Marriages.

Documents required for Muslim Marriage Registration


Here are the necessary documents required for Muslim marriage registration:
 

  1. Marriage Registration application form duly signed by the couple
  2. Documentary evidence of the date of birth of husband and wife (such as Matriculation Certificate / Passport/ Birth Certificate)
  3. Address Proof of husband or wife (Voter ID/ Passport/ Aadhar)
  4. Affidavit by the couple stating the place and date of marriage, date of birth, marital status at the time of marriage and nationality
  5. 3 Passport size photographs of the husband and wife along with two marriage photographs
  6. Marriage invitation card
  7. 3 witnesses having ID proof (2 Passport size photograph each)
  8. Nikahnama or the certificate from Religious place

Procedure for Muslim Marriage Registration


The Muslim Marriage Registration Procedure in India changes from state to state. Normally, it is registered under the Special Marriage Act, 1954.

There is a 2-stage process here:
 
  1. Serving notice: This is the first stage of Muslim Marriage Registration. All necessary documents should be submitted to the Marriage Registrar’s office.  The husband, wife and 3 witnesses should visit the Registrar Office. A notice for 30 days will be issued and if there are no objection from either side after 30 days, the couple can go ahead with the marriage registration.
  2. Marriage registration: After 30 days from the date of issue of notice, you can register for marriage. To complete the procedure, the couple and the witnesses must visit the Registrar’s Office. After completion of the procedure, the Officer will issue a marriage certificate.

 Muslim Marriage Act in India


Muslim Marriage Registration Process and the Muslim Marriage Act in India is administered by The Muslim Personal Law (Shariat) Application Act 1937. This law manages marriage, succession, and inheritance in Muslims based on the Islamic law (Sharia). As per this act, marriage or “Nikah” between an Indian Muslim bride and groom is a civil bond that both the parties must abide with.
 
Here are the key features of the Indian Muslim Marriage Act:


  • This Act is applicable only to Indian Muslim men and Indian Muslim women.
  • A Muslim marriage is a civil contract in which there is a proposal (“Ijab“) by the bride and an acceptance (“Qubul“) by the groom.
  • A legal bond is signed while entering the marriage. Nevertheless, it is not a requirement that the contract must be in writing. It can also be an oral agreement, especially amongst illiterates.
  • A Kazi is not necessary for the marriage to take place. As per the Act, the proposal (“Ijab“) and acceptance (“Qubul“) in the presence of two adults qualifies as a lawful wedding.
  • There must be two witnesses available from the sides of bride and groom.
  • Permission from Wali:
  1. Sunni: Compulsory (Maliki, Shafi’i, Hanbali) or Strongly recommended (Hanafi)
  2. 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 which is offered directly to the bride and not to her father. Though the gift is usually money, it can be anything as agreed upon by bride and groom, for instance, a house or a business that is assigned in her name which can be run and owned entirely by her if she chooses.
  • Polygyny is permitted in Islam though there are some conditions. Indian Muslim men can marry up to four wives, provided he treats all of them equally. The woman, however, cannot have more than one husband and is not permitted to do so.
  • There is absolute prohibition of marriage in case or relationship of consanguinity.
  1. Consanguinity (qurabat) – it means blood relationships that prohibits a man from marrying – Mother or grandmother, Sister, aunt, niece etc.
  2. Affinity (mushaarat) – a man is prohibited from marrying mother-in-law, step-grandmother, daughter-in-law, step-granddaughter, etc.
  3. 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 should not marry his foster mother or her daughter or foster sister.
 
NOTE: The above procedures may have been amended in few states.

Frequently asked questions


Under which law Muslim marriage in India are registered?

Law for Muslim marriage registration in India varies from state to state. Generally, laws in different states are governed by Special Marriage Act, 1954.

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

Normally, it takes usually a month’s time to get certificate as per Muslim Marriage Act. However, there are states like Haryana you can probably get a certificate within one week which is as same as Hindu marriage registration under the new Haryana Marriage Registration Act, 2008.

Thus, sums up the Muslim Marriage Registration in India. You can apply for Marriage Certiicate Online by following the rules mentioned in the Government of Kerala portal. Also, read our article on how to register a marriage in Kerala online.


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