SJSS says: June 22, 2014 at 9:26 am
Hi Eliza,
I am in a similar situation, my partner is a British Muslim and I’m a Malaysian Christian female. We married in Britain, settling down here and we have a nikah certificate. I haven’t come around to announcing our marriage at the High Comm as I’m scared they will make me change my name. I’m wandering if they will just accept the nikah cert and make our registration easier? Let me know if you’ve found a solution I am eager to solve this.
Thanks and good luck! -SJSS
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Dear SJSS & Admin,
Why does it matter to you on how she is planning to raise her children?. I believe that’s between her, her husband and her children. It shouldn’t be really your concern right!!.
I really hope you will stop giving half-baked answers to people. At least take some effort to read the Quran and the law.
Now to answer your question SJSS, Marriage between couple in UK is governed by Marriage Act 1949 and Marriage Causes Act 1973. As far as the British law is concerned the couple need only to have the capacity to marry. Religion is not a factor under S(11) and S(12). Therefore, as far as the British Law is concerned provided that both of you have the capacity to marry, it doesn’t give a hood about one’s religion . Therefore religion is not a criteria under S(11) for annulment. So in short, interfaith marriage is welcomed in UK and conversion to other faith is more of a personal choice . This is also guaranteed through Article 8, 12, 14 of the European Convention of Human Rights.
For Muslim marriage, there are different laws and doctrines governing it. However, to be specific to your question, will only advise you on Malaysian Law. In Malaysia, the Federal Constitution is supreme and the Freedom of Religion is something which is guaranteed by the constitution under Article 11. When it comes to Family law (namely Marriage), there are two primary statutes, LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage) and ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (On Muslim Marriage). The Civil Marriage Act of 1976 specifically states on page 11 that “This Act shall not apply to a Muslim”. However, as a point of contention, Muslim in Malaysia has a narrow interpretation. According to the National Fatwa Council and as per the Fatwa decreed in 1996 by the Committee that “Muslims in Malaysia must only follow the teachings of Islam based on the doctrine of the Ahl al-Sunnah wa al-Jama’ah on creed, religious laws and ethics”, which means other sects ( Shia, Ahmadiyyah, Sufi, Bahai ) are not considered as Muslim as per the decree on the Fatwa Council. So what does that mean to you ?. if your Husband is not a follower of “Ahl al-Sunnah wa al-Jama’ah” then he is considered a Non-Muslim and would be governed under LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage). In other words you do need need to convert or embrace Islam for the sake of the marriage as there are no legal provision to do so. It also doesn’t stop you from registering your marriage at the Malaysian Embassy in London. However you need understand that it does not give him any special privilege in Malaysia apart that he can now be on a Spouse Visa and eventually and if he fulfills the requirement criteria, he could be a Malaysian PR ( still under the discretion of the Minister). Nevertheless, there are easier way to achieve this than to be on a spouse visa. Hope that explain that if he is not a follower of Ahl al-Sunnah wa al-Jama’ah”. ( Note: Both of you need to convert to Sunnah in order to be considered as a Muslim in Malaysia, conversion to other Muslim sects is forbidden through official channel)
Things are a bit more complex if he is a follower of “Ahl al-Sunnah wa al-Jama’ah“. Then the narrow interpretation would bite, however, I am no sure if it is only confined to Muslims as in Malaysian Citizen or any Muslims at large. Supposedly it does covers Muslim at large, then the ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (Act 303) would bite. However, under S10 of Act 303, A Muslim Man is allowed to marry a Kitabayah. A Kitabayah is a Christian woman whose ancestors were Christians before the prophethood of the Prophet Muhammad; or a Jewess whose ancestors were Jews before the prophet-hood of Jesus;
If you are not a Kitabayah then you need to convert to Sunnah. However, converting to Sunnah does not mean you need to chage your name. Again this is optional and it is not mandatory criteria. The are certain procedures to be adhered under Sharia before you can be pronounced a Muslim and your marriage to be solemnized in Malaysia.Once again, all this only apply if you want your marriage to be solemnized under Malaysia Law Otherwise, he could be on a tourist visa which would allow him up to 6 months of stay in Malaysia. As for legal rights, you would be governed by common law.
Hope that answers your question.
Reply at https://www.interfaithshaadi.org/?p=8828
Thanks Jimmy for excellent guidance on legal matters. Please come often here to guide others.
We are wondering how come you know all these laws?
Hi Jimmy,
Thank you very much for the very detailed reply. Ive been scouting for a good explanation for a long time and your’s is the most extensive one so far, so I thank you for that. Like I said I’m not planning to announce our marriage in Malaysia as we will not be settling down there and hopefully we’d be able to visit Malaysia without much difficulties.
SJSS
Yes, Jimmy gave great advise!
Now legal matters is little clear, you have to answer … How are you planning to raise your children? If you daughter asks, “Is Jesus a son of God?”, would you say NO? Can you take your children to a church or you must educate them only in madrasa?
church and madrasa are not the same thing, at least learn to compare between two things
SJSS,
You mean you had Nikaah but no Shahadah conversion to Islam? We are sure the imam gave you a new name too, you may not have realized it. Check your nikaahnama document. Did you also had church wedding too? Do you have your marriage registered in Brittan?
Settling down here means Malaysia, we assume.
Hi admin,
Yes he said it’s ok as I’m a Chrisitian and Muslim men can marry people of the Book. He didn’t give me a Muslim name and we registered our civil and nikaah in Britain as we will be settling down here. I have no intentions to live in Malaysia other than visiting family and friends.
If you have no intention of staying in Malaysia, why there should be a problem? Yes, they will not register your marriage there but you don’t care. Can’t you just go there as a visitors? This will make it lots easy after you are a British citizen.
How are you planning to raise your children? If you daughter asks, “Is Jesus a son of God?”, would you say NO? Can you take your children to a church or you must educate them only in madrasa?