According to Islamic Sharia (law), presence of witnesses and acceptance of the bride and groom is enough for completion of marriage although we give due importance to registration of marriage and deems it necessary. Today government is implementing the need of marriage registration but we have already realized and implemented it since decades and our system is successfully registering marriages.
The government is bound by the constitution and all citizens have equal rights according to the constitution.
Marriage registration done by Qazis beautifully fulfills the marriage requirements according to Islamic law and also completes the official registration process at the same time.
Just obtaining a marriage certificate under the mandatory marriage registration act cannot be considered sufficient enough for any religion. The magic found in Qazi’s words can’t be found in the official registration certificate. As Uttar Pradesh government has declared the registration of marriage mandatory and considered it enough, but it will create problems for people of every religion. The government is bound by the constitution and all citizens have equal rights according to the constitution.
Is it not a fact that in Europe, two real brother and sister from England, stood in front of the Registrar of Marriage saying that we would like to marry each other and will live our life as a husband and wife. There was uproar among Christian religious circles but the court decided that both are adult and wise and they have legal right to choose the life partner with their mutual consent and registered the marriage.
It does not end here, the other incident happened in Denmark where two men were allowed to get married after court’s decision. If the UP government is moving ahead without the consideration of all these matters, then the move would encourage the unfortunate trends and will the government’s Registrar of Marriage deny the registration of any such inappropriate marriage.
It is a sincere advice to UP government that the law should be enforced to this extent and only to the extent that Qazis should submit a copy of marriage registration to the Chief Registrar appointed by the government. If government Performa has some column which is not added to Qazi’s registration form then state waqf board can add this column to the Qazi’s registration form. This will enable government to get a ready-made system and make implementation better. It is my sincere and humble appeal to government of Uttar Pradesh to look for constructive ways and adopt the same.
Maulana Syed Shahabuddin Salfi Firdausi
Founder and Chairman Athar Blood Bank, Solapur