AMENDMENTS TO
MUSLIM MARRIAGE AND DIVORCE ACT

PROPOSED AMENDMENTS AND ISSUES FOR CONTEMPLATION
PART 02

AMENDEMNTS PROPOSED WITH REGARD TO CONSENT OF BRIDE

According to the suggested amendments, the bride’s consent to the marriage is mandatory to validate the marriage and her signature or thumbprint has to be placed in the marriage register in order to signify her consent.

The explicit expression by the bride of her consent to marrying a particular man is a key point on which the next steps of her marriage are founded. Formalizing the proposal, engagement and then solemnization, etc. follow the consent of the bride.

The main purpose of registering the marriage is to document contracting of marriage with vital information about the marriage and parties to same for evidence and reference purposes.

Solemnization and registration should take place at the same time as per the proposed amendments.

In reality, there is a considerable lapse of time between the bride’s consenting to the marriage and solemnizing the marriage. Solemnization is done after days, months or years from the time the bride consented. In between many antenuptial events occur. But according to the suggested amendments, evidencing of the bride’s consent is to be done at the time of solemnization.

Another important point to be noted here is that the marriage register evidences taking place of the marriage. This instrument is apparently for the purpose of recording of contracting the marriage not for the purpose of recording of consenting to the marriage

Now the question is why the bride’s consent is evidenced after the marriage is solemnized whereas it should have been recorded much before the marriage and prenuptial events.

Under the circumstances, I would like to propose to do one of the following options:

01. To record the consent of the bride to the marriage in a separate instrument with her signature and signatures of two witnesses well in advance before the solemnization and registration; or

02. To provide for the bride to place her signature or thumbprint in the marriage register as a party to the marriage not as a way of expressing her consent to the marriage.

To effect the option 01, a formal instrument of bride’s consent can be introduced by the relevant authority.


Haniffa Abdul Nazar

12.09.2019