Kazi’s jurisdiction and the validity of marriage

Query

I recently got married under the Muslim law. However, I have lately learnt that the Kazi who conducted our marriage was not authorised for the area where the ceremony took place. Will this affect the validity of our marriage?

Faisal Fayaz, Bogura.

Response

Dear Mr Fayaz, thank you for your query. Before diving deep into the matter, a little bit of context is important. In Bangladesh, matters related to marriage, divorce, etc. are dealt with by the personal laws of the respective individuals. As such, the marriage of Muslims is governed by the Muslim Shariah law. As you may be aware, nikah or marriage under Muslim personal law is considered fundamentally a contract. Thus, the validity of a nikah depends primarily on whether the essential requirements of that contract were fulfilled. These include a clear proposal and acceptance between the bride and the groom, the presence of competent witnesses, the free and voluntary consent of both parties, and dower. When these elements are present, the marriage is generally considered valid under Muslim personal law, regardless of administrative irregularities surrounding the officiant.

On the other hand, the requirement of registration of Muslim marriages arises under the Muslim Marriage and Divorce (Registration) Act, 1974 read with the Rules of 1975. The Act makes provision for a nikah registrar (also known as ‘Kazi’) who is licensed by the government to register marriages and divorces. Such licenses are granted for a particular geographical area, and he can register marriages solemnised or divorces affected within that area only.

This is where many misunderstandings arise. People often assume that the Kazi’s jurisdiction determines the validity of the marriage itself. In reality, the Kazi’s role under the said laws is largely administrative. Kazis are appointed to register marriages, maintain official records and issue the Nikahnama so that the marriage can be properly documented and proved when necessary. Territorial jurisdiction, on the other hand, is mainly intended to ensure organised record-keeping and to avoid confusion in registration. It does not determine the validity of a marriage. Instead, where a marriage is conducted by a Kazi in an area of which he is not in charge, it becomes a misconduct on the part of such Kazi. Commission of such misconduct may result in revocation/ suspension/ annulment of his license by the government. Such violation or misconduct by the Kazi does not, however, invalidate the marriage or render the registration defective.

However, while non-registration of the marriage does not make the marriage invalid, please bear in mind that the same is considered a crime, which is punishable even with imprisonment. As per the Act, a Muslim marriage has to be registered within 30 days of solemnisation. If the marriage is solemnised by the Kazi himself, it is his duty to register it at once.

In short, registration does not confer validity to the marriage. Rather, it makes the marriage documented and capable of being proved by acceptable evidence. Contrarily, lack of registration may cast doubt on the solemnisation of the marriage but does not invalidate the marriage. 

I hope this explanation clears your concern and provides reassurance allowing you to move forward with greater confidence and peace of mind.