Introduction During ethnographic research in Amman in 2016, it became clear to me that opinions and attitudes about marriage registration processes in Jordan are far from uniform. 1 Two different concerns were often mentioned: the early registration of marriages and their non
Debating Identity, Society, and Displacement
faced as a result of recent interference into the law surrounding marriage registration, before concluding, “But the evil is a real one” that should be “removed by legislation.” 3 ʿAbdul Latif’s stance was clear: The government should fix the problem of Muslim marriages by providing the means for
State and Mosque Discourse in Pluralistic Norway
; Liversage and Jensen 2011 ; Wærstad 2015 ). This is related to a more general discourse of suspicion, related to the growing hostility against Islam and Muslims in general ( Bangstad and Elgvin 2017 ). Critics tend to assume that the best way to increase the level of marriage registration is to make
Contrasting Positions of State Agents
Eva F Nisa
catering to 12,583 students (Kemdikbud 2016). The presence of these schools and learning centers is related to the issue of marriage registration. These children were born from parents without marriage certificates (Ind. buku nikah ) and hence, many of them have not been able to receive birth certificates
://www.channel4.com/programmes/the-truth-about-muslim-marriage . 26 E.g. MA v JA and the Attorney General : see http://www.familylawweek.co.uk/site.aspx?i=ed99448 . 27 https://www.theguardian.com/commentisfree/belief/2010/jul/08/religion-sharia-marriage-registration-islam . 28 https
This chapter will discuss the legal discrimination experienced by British Muslim women who fail to comply with marriage formalities. Such innocent failure that leads them to be left with an informal and unenforceable marriage. The law of England and Wales, in not granting any status at all to religiously valid ceremonies of marriage, and declaring them to be a ‘non-marriage’ is discriminatory, as it disproportionately affects women and in particular, this minority group.
The legal difficulties felt by respondents through the making of non-marriage declarations, demonstrated through reported legal case analysis and via interview narratives, the social and economic difficulties faced by such informally married women, who entered such marital arrangements, without informed consent will be highlighted. Naturally there will be those who enter matrimony, albeit, non-legal, voluntarily, understanding the implications of doing so. Despite this there continue to be attempts to curtail such non-legal marriages from taking place. Although noble in their concern about women’s rights, what they fail to understand is the issue of discrimination. Precisely what is it that prevents other forms of marriage being legally recognisable? Instead of outlawing these forms of marriage, which are clearly important for the diaspora, there needs to be movement away from the usage of non-marriage declarations, these have not and are not providing progress. Moving away from this rabbit-hole will better protect the rights of those British citizens, who for a multiple of reasons, either choose not to marry within the framework of the law, or more commonly, are unable to complete the formalities required.
In conclusion, the example of Scotland’s celebrant-based marriage registration system will show how the situation is being managed successfully through progressive legal reform that has led to a wider acceptance of various religious marriages.
In this essay I examine the interaction between social change and law, in general, and between social custom, Islamic Law and statutory legislation, in particular, by analyzing forty decisions issued by Egyptian sharīʿa courts from the turn of the present century until 1955. These decisions, which deal with the application of two reforms pertaining to marriage, indicate, first, that whenever legal reform confronted entrenched social practices, litigants found legal strategies for circumventing the reform; and second, that the attitudes of judges (qādīs) toward the reforms were diverse and complex. Overall, the qādīs applied the reforms, whether because they believed them to be necessary or feared a confrontation with the government. I conclude that in order for a legal reform to be successful in molding social behavior, it must be complemented by state policies that promote the education of women and encourage them to participate in the labor market.
, a social cell, would play an important role in increasing the people’s political enthusiasm and tapping the potential to construct our motherland.” 20 Another important measure taken to reform the marriage system in rural North China was setting up marriage registration system. According to the
Legal Positionings and Muslim Women’s Experiences
Non-state-registered Muslim marriages are often considered as a poor alternative to civil marriage, accepted by vulnerable or ill-informed Muslim women. Problematizing such marriages is based on the assumption that entering into a civil marriage (in addition to or as an alternative to the Muslim marriage) is beneficial for all Muslim women. Listening to the narratives of the women concerned reveals a wide range of opinions, including those that prefer to enter into religious-only marriages. Solutions to the problems presented by unregistered religious-only marriages have thus far been proposed in a manner that reflects a discourse that considers unregistered marriages as somehow conceptually problematic. However, in so far as English law is concerned, the legal position of Muslims who enter into non-state-registered marriages is no different from that of cohabitees, who live together without the ‘protection’ of a civil marriage. Therefore, it may be worth considering whether the issue at stake is reconsidering family law and laws concerning cohabitation, rather than a separate set of rules and regulations for Muslims.
Births, deaths and marriage registration act. Chapter 41:01.