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The Marriage (Muslim Marriage) Rules, 2017

Legal Notice 288 of 2017

This is the version of this Legal Notice as it was from 8 December 2017 to 30 December 2022. Read the latest available version.
The Marriage (Muslim Marriage) Rules, 2017
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Legal Notice 288 of 2017
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Marriage Act
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English
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Legal Notice
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LAWS OF KENYA

MARRIAGE ACT

THE MARRIAGE (MUSLIM MARRIAGE) RULES, 2017

LEGAL NOTICE 288 OF 2017

  • Published in Kenya Gazette Vol. CXIX—No. 180 on 8 December 2017
  • Commenced on 8 December 2017

1. Citation

These Rules may be cited as the Marriage (Muslim Marriage) Rules, 2017.

2. Application

These Rules shall apply only to Muslim marriages where both parties profess the Islamic faith and submit to these Rules:Provided that marriages conducted by members from any of the respective Muslim schools of jurisprudence in these Rules are accepted to many a kitabiyah.

3. Interpretation

In these Rules, unless the context otherwise requires —"Act" refers to the Marriage Act, 2014 (No. 4 of 2014);"Constitution" means the Constitution of Kenya 2010;"Committee" means Muslim Marriage Committee established under rule 5 of these Rules;"Court" means the Kadhis court established under Article 169(1) of the Constitution;"kitabiyah" means a Christian or Jewish woman;"mahr" means a sum of money or other property given or agreed to be given to, or a right conferred upon the wife by the husband in consideration of marriage or a token of appreciation;"mahr al mithi" means equivalent mahr paid to the bride agemate; during their own marriages;"Muslim marriage officer" means a Sheikh, Mufti or Imam authorised by the Registrar to officiate over a muslim marriage;"Muslim schools of jurisprudence" means Muslims from the Sunni, Shia Ithna Ashen, Shia Imami Ismaili and Daudi Bohra Community (Fatimi Dawat);"Muslim marriage" means a contract between a Muslim man and a woman who is lawfully eligible to be his wife and which is conducted in accordance with Islamic law;"Registrar" means the Registrar appointed under section 50 of the Act;"revertee" means a person who has converted to Islam;"waliy" means a person recognised by any o f the Muslim schools of jurisprudence as a guardian of the bride for purposes of contracting a Muslim marriage;"wakil" means a person recognised by any of the Muslim schools of jurisprudence as a proxy of either of the parties to a marriage for purposes of contracting a Muslim marriage.

4. Registration of Muslim marriage

(1)The parties to a Muslim marriage shall after the marriage is Registration of conducted, make an application for registration of their marriage to a Muslim marriage officer or a Kadhi.
(2)The application under sub rule (1) shall be in Form MM1 set out in the First Schedule.

5. Muslim Marriage Committee

For the purpose of these Rules, there shall be a Committee to be known as the Muslim Marriage Committee, which shall consist of-
(a)the Chief Kadhi, who shall be the Chairman of the Committee; and
(b)one representatives from each of the following-
(i)the Supreme Council of Kenya Muslims;
(ii)the Federation of the Khoja Shia Ithna Asheri Jamaat of Africa;
(iii)His Highness Prince Aga khan Shia Imami Ismaili Council of Kenya; and
(iv)the Daudi Bohra Community (Falimi Dawat); and
(c)an eminent Muslim scholar nominated by the Chief Kadhi.

6. Functions of the Muslim Marriage Committee

(1)The function of the Committee shall be to—
(a)recommend suitable persons to the Registrar for appointment as Muslim marriage officers for purposes of these Rules; and
(b)advise the Registrar on all such matters relating to or connected with the administration of these Rules referred to it by the Registrar.

7. Gazettement of Muslim marriage officers

(1)The Registrar shall issue a licence to conduct marriages to a Muslim marriage officer upon recommendation by the Committee.
(2)A licence granted under sub-rule (1) shall be in Form MM2 set out in the First Schedule and shall be issued upon payment of the fee specified in the Second Schedule.
(3)The Committee may at any time make a recommendation to the Registrar for the cancellation and recall of a licence to conduct marriages issued under this rule.
(4)Before making a recommendation under sub rule (3) the committee shall furnish the concerned marriage officer with reasons for its recommendation and afford him an opportunity to be heard.
(5)A person aggrieved by the decision of the committee under sub rule (4) may appeal to the Registrar within fourteen days of notification of the decision.

8. Issuance of marriage Certificate books

The Registrar shall upon application by a Muslim marriage officer issue marriage certificate books necessary for officiating and registration of Muslim marriages upon payment of the fee specified in the Second Schedule.

9. Form of marriage certificate

The marriage certificate to be issued in respect of a Muslim marriage shall be in Form MM3 set out in the First Schedule.

10. Marriage Register

(1)The Registrar shall establish and maintain a register of Muslim marriages into which shall be entered the details of the marriages in respect of which certificates are issued under these Rules.
(2)The register referred to in sub-rule (1) shall be in Form MM4 set out in the First Schedule.
(3)Every Muslim marriage officer shall, within two weeks of officiating a marriage, send a copy of the Certificate of marriage to the Registrar.
(4)The Registrar shall, within two weeks upon receipt of the Marriage certificate from the Muslim Marriage Officer, make an entry in the marriage register.

11. Certificate copy of entry in marriage register

(1)An application for a certified copy of a marriage certificate and a certified copy of the entry in the marriage register shall be made to the Registrar and shall be in Form MM5 set out in the First Schedule.
(2)A certified copy of an entry in the marriage register shall be in Form MM6 set out in the First Schedule.

12. Absence of mahr not to affect marriage

(1)A marriage registered under these Rules shall not be mvah d by reason only that—
(a)no mahr has been agreed upon; or
(b)there is uncertainty or ambiguity relating to mahr.
(2)In cases contemplated under sub-rule (1)(a) or (b), the wife shall be entitled to equal mahr al mithi.

13. Reference to and action by Court

Where-
(a)a marriage involves a woman who has no waliyy in a situation where a waliyy is required under her respective Muslim school of jurisprudence; or
(b)the consent to marriage by the waiiyy of the woman to the intended marriage is denied,
the Muslim marriage officer shall refer the matter to the Court nearest to the place where the woman resides and the Court shall issue the appropriate directions.

14. Verification of particulars of persons intending to marry

(1)Upon a request to officiate a marriage, the marriage officer shall confirm the following particulars in respect of parties intending to register their marriage—
(a)the age of the bride and bridegroom;
(b)the consent of the bride and bridegroom;
(c)the consent of the waliyy of the bride, provided that such consent shall not override the consent of the bride and bridegroom;
(d)the consent of the bride or groom as the case may be, in writing in case of marriage through a wakil;
(e)the identity of the parties and the waliyy; and
(f)certificate and affidavit of confession where the bride or bridegroom are revertees.
(2)At least one of the parties to the marriage shall be present at the wedding.

15. Validity or invalidity of Muslim marriages

Nothing contained in these Rules shall be construed to render valid or invalid, by reason only of registration or non-registration, any Muslim marriage which is otherwise invalid or valid, as the case may be, according to the law governing the respective Muslim school of jurisprudence to which parties to such marriage belong.

16. Determination of the status, mutual rights and obligations of the parties

In all matters relating to any Muslim marriage, the status and the mutual rights and obligations of the parties shall be determined according to the law governing the respective Muslim school of jurisprudence to which the parties belong.

17. Registration of marriages contracted by a Kenyan citizen abroad

Where a Kenyan citizen has contracted a valid Muslim marriage outside Kenya, not being a marriage registered under section 57 of the Act, the person shall upon return to Kenya appear before the nearest Court to have the marriage registered under these Rules.

18. Marriages performed under Cap 156 (Repealed)

All Muslim marriages registered under the Mohammedan Marriages and Divorce Registration Act Cap. 155 (repealed) shall be deemed to be registered under these Rules.

19. Fees

The fees payable under these Rules shall be as set out in the Second Schedule.

FIRST SCHEDULE

SECOND SCHEDULE
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History of this document

31 December 2022
Read this version
08 December 2017 this version
Commenced