Whether you’re getting married soon, have already had your Islamic ceremony, or are wondering whether to have a civil marriage—here’s the short answer: you absolutely should!

Some Muslim couples may view the Islamic Nikah as the exclusive official ceremony of marriage. However, registering a civil marriage in addition to the Nikah has several advantages, such as securing legal acknowledgement and safeguarding the rights of the couple. This article explores why couples should register a civil marriage, how to register it, and the legal protections that accompany the process.

You can schedule a civil ceremony after the nikah, walimah, and other cultural festivities, allowing you and your families to fully enjoy the celebrations without the stress of worrying about registration. It can be held a few weeks after the Islamic ceremony and kept as a small, intimate affair. Many people choose to dress casually for ease, simply bringing two witnesses and leaving with a legally bound marriage certificate in hand.

The Process of Registering a Civil Marriage

Registering a civil marriage in the UK is simple and consists of only a few steps. To register a civil marriage in the UK, couples must attend a civil ceremony at a local register office. A civil marriage ceremony is straightforward and legally binding, allowing couples legal recognition of their union by the UK government. Following the ceremony, a marriage certificate is issued, serving as official evidence of the marriage. 

To make things easier, we’ve broken down the steps you’ll need to take to register a civil marriage in the UK:

1. Choose a venue approved for civil marriages, such as a register office or any licensed venue. These can be found on your local council website.
2. Give notice at your local register office at least 29 days before your civil ceremony. This is a legal statement known as ‘giving notice’ that shows your intent for marriage. You must have your ceremony within 12 months of giving notice. You will need to take the following documents with you: A valid passport or birth certificate, proof of home address (a utility bill or bank statement), a death certificate or divorce decree absolute (if you were previously married) and a visa or immigration documents (if applicable)
3. Attend your civil ceremony. Your ceremony must be attended by a registrar and two witnesses. No religious content is allowed at a civil ceremony. Here, you will sign the marriage schedule. The registrar will then register the marriage online.
4. Order your marriage certificate, which you can do from your local register office. It’s a good idea to order two or three copies in case one gets lost or misplaced.

This civil marriage process does not necessitate the couple to set aside Islamic or cultural traditions; it simply ensures the marriage’s acknowledgment under UK law. Notably, a civil marriage can coexist with the Islamic Nikah, since the Nikah ceremony may occur in a mosque or within the home, and it does not undermine the civil legal recognition of the marriage.

Why Should Muslim Couples Register Their Marriage Civilly?

Legal Protection and Rights

One of the main reasons couples should register their marriage civilly is the invaluable legal protection it provides. In the UK, a civilly registered marriage provides spouses with numerous essential legal rights, such as inheritance rights, tax benefits, and access to government benefits. Additionally, it ensures protections in the event of divorce, covering asset division, alimony, and child custody arrangements. 

Shockingly, only 39% of Muslims in the UK register their marriage not realising that without civil registration, couples are likely to encounter difficulties in seeking legal resolution during a marital breakdown, which may result in complications and disadvantages for either partner, particularly for women.

Inheritance and Estate Rights

When an individual passes away, a civilly registered marriage automatically confers inheritance rights to the surviving spouse. According to UK law, a civil marriage entitles the surviving partner to the deceased spouse’s estate, as per the will’s stipulations. On the other hand, the Nikah, which lacks civil registration, does not provide the same legal protections.

Parental Rights and Child Welfare

In the UK, children born to a married couple are granted legal recognition regarding custody, inheritance, and parental responsibilities. However, if a Muslim couple has children without having registered their marriage civilly, those children may encounter difficulties in asserting specific legal rights, particularly during instances of parental separation or in the event of a parent’s death.

Recognition by Government and Institutions

Registering a civil marriage provides recognition by UK government institutions, allowing couples to access several benefits that would otherwise be inaccessible. These benefits encompass provisions such as healthcare access, spousal visas, and pension rights. 

Cultural and Community Perspectives

Some Muslims might be reluctant to pursue a civil marriage registration out of fear that it contradicts Islamic principles or that the government should not have a role in regulating personal matters like marriage. Some are against a civil marriage as they fear that in case of a divorce, the wife will take all or half of the assets. This viewpoint is not only damaging but derogatory towards women. Any man that stands in the way of your rights is a walking red flag. 

It is important to note that registering a civil marriage does not undermine the significance of the Nikah. In fact, it bolsters the marriage’s security by guaranteeing that both partners have access to legal rights, protections, and resources that they might not receive otherwise. This combined approach provides Muslim couples with a thorough framework for acknowledgment and safeguarding—spiritually through the Nikah and legally via civil marriage.

Additionally, there may be cultural sensitivities regarding the prominence of civil marriage, particularly if the couple has already had a Nikah ceremony. However, the civil marriage process is simple and serves to formalise the relationship according to legal standards, while respecting Islamic traditions. By choosing to participate in both a civil marriage and a Nikah, couples can adeptly address their cultural, religious, and legal obligations.

Marriage is about building a life together filled with love, tranquillity and happiness. Safeguarding your legal rights is an important part of that journey—honour and protect yourself. 

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References

Adams, R. (2020). Muslim Marriage and Family Law in the UK: A Comparative Perspective. Oxford University Press.

Bashir, N. (2021). The Legalities of Muslim Marriages in the UK: A Need for Reform. Islamic Law Journal, 32(1), 45-61.

Cole, P. (2019). Civil and Religious Marriage in the UK: A Guide for Muslim Couples. Routledge.

Hassan, H. (2018). Islamic Marriage and UK Law: Harmonising Religious and Civil Perspectives. Journal of Law and Religion, 14(2), 98-113.

GOV.UK (2011). Marriages and civil partnerships in the UK.