Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
MARRIAGE ACT
THE MARRIAGE (MUSLIM MARRIAGE) RULES
LEGAL NOTICE 288 OF 2017
- Published in Kenya Gazette Vol. CXIX—No. 180 on 8 December 2017
- Commenced on 8 December 2017
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Rules may be cited as the Marriage (Muslim Marriage) Rules.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 (Cap. 150);"Constitution" means the Constitution of Kenya;"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's 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;"waliyy" 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
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—6. Functions of the Muslim Marriage Committee
The function of the Committee shall be to—7. Gazettement of Muslim marriage officers
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
11. Certificate copy of entry in marriage register
12. Absence of mahr not to affect marriage
13. Reference to and action by Court
Where—14. Verification of particulars of persons intending to marry
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 (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.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement