In fact,
Marriage is considered the tradition (sunnah) of Prophet Muhammad (SAW), when
he declared:
“Marriage is my Sunnah; whoever disregards my (Sunnah) path is not from among us”.
In India,
Muslim marriage registration is solemnized under the Muslim Marriage Act, which
is governed by the Muslim Personal Law (Shariat) Act, 1937.
Essential
Features of Muslim Marriage:
➣Muslim marriage is a strong civil contract consisting of an offer (ijab) by one party and an acceptance (qubul) by the other.
➣The marriage must take place with the free consent of both parties, and this consent must not be obtained by coercion, fraud or undue influence.
➣The offer and acceptance must be in the presence of at least two adults and discerning witnesses on both sides, and the presence of a Qazi is not necessarily required.
➣Permission from the legal guardian (lawyer/lawyer) is required.
➣Payment of the Mehr (marriage gift) is mandatory, and must be given directly to the bride, and can be in any form of cash, property or property.
➣The marriage
should not take place within a restricted degree of blood relation or
relationship.
How to Register Muslim Marriage:
A religious marriage ceremony is considered to be a legal marriage in India, and amongst the Muslims of India , marriages are solemnized by a religious officials known as Qazi.
The Qazi after performing the marriage , further issue a marriage certificate which is called NIKAHNAMA.
You can register your Marriage where your marriage was solemnized as per the provision of that State.
However, you can also register your marriage at any place in India under the Special Marriage Act, 1954, if you both have resided at the place for at least 30 days.
This 30 days notice period is required only in case of marriage registered under the Special Marriage Act, and not for State Marriage Registration Acts.
Documents required for the registration of Muslim Marriage:
👉Marriage registration application form duly signed by husband and wife.
👉Proof of date of Birth like Educational certificate , Birth Certificate or Passport
👉Address proof of husband and wife, like Passport, Adhaar Card, or Voter Card
👉Affidavit of husband and wife after stating the nationality, date of birth, marital status, place and date of marriage.
👉Nikahnama issued by the Qazi
👉Marriage invitation card
👉3 passport size photographs of husband and wife, and 2 marriage photographs
👉Three witnesses with their ID proofs and 2 passport size photograph
Procedure of Marriage Registration:-
When you will file an application with the all the supporting documents in the office of Marriage Registrar of your state , then after verified all the submitted documents by you , the Registrar will registered the marriage under the Muslim marriage Act or as per the provision of that state.
However, if you wanted to register your marriage out of your residential state, then your marriage will be registered under the Special Marriage Act, 1954, and you have to reside at the place for at least 30 days.
In case of Special Marriage Act registration, you have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar.
You can apply in the city/district, in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
After verifying all the documents submitted by you by the official of the Marriage Registrar, a Notice is then published by the Registrar of Marriage inviting objections, if any.
If there is no objection, then after the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be registered.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.
Answer to your
questions:
Is the presence of Witnesses necessary for Muslim marriage?
Yes, the presence of at least two male or one male and two female witnesses of sound mind is necessary for a Muslim Marriage, and without a witness the marriage is invalid.
What are the
benefits of Muslim marriage registration?
The benefits
of Muslim marriage registration are as follows:
👉A registered marriage
certificate is a document which provides social security, confidence to the couples,
especially to the married women.
👉A registered marriage certificate is useful in getting visa for wife/husband.
👉It controls
the fraud in marriage legally.
👉It helps for claiming the benefits from the government and sometimes for claiming benefit from the Insurance Company when the insurer dies.
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