Why Muslims should avoid contracting statutory marriages: A Legal and Religious Perspective

Introduction
As a legal practitioner who recently handled the case of Kasim v. Kasim, which resulted in the nullification of a statutory marriage due to its incompatibility with a pre-existing Islamic marriage, I am compelled to underscore the potential pitfalls of statutory marriages for Muslims.
This discourse will dissect the incongruities between statutory marriages and Islamic marital precepts, illuminating the legal and religious imperatives for Muslims to eschew statutory unions in favour of Islamic marriages (Nikah).
Contradictions with Islamic Marital Principles
Islamic marriage, or Nikah, is a solemn contract imbued with spiritual, social, and legal ramifications, governed by the tenets of Sharia law. It is polygamous in nature as stated by Allah in the Quran, Surah An-Nisah, verse 3 that Muslims are allowed to marry up to 4 wives. Conversely, statutory marriages are subject to English Common/Civil laws, often diverging from Islamic injunctions. Key discrepancies include:
- Guardian (Wali): Islamic law mandates the presence of a wali, a male guardian, to solemnize a marriage (Quran, Surah Al-Nisa, verse 6; Hadith: Bukhari and Muslim). Statutory law does not necessitate this.
- Dowry (Mahr): Islam deems dowry as an obligatory component of marriage (Quran, Surah An-Nisa, verse 4), while statutory law does not mandate it.
iii. Marital Rites: Islamic marriage involves specific rituals absent in statutory marriages
Marriage under the Act means monogamous marriage which means the marriage of one man to one woman. It excludes all other forms including polygamous and Islamic marriage. Marriage under the Act must be solemnized either in church or at the marriage registries both with the power to issue a marriage certificate as evidence of such contract. The reason why no mosque is a registered place of worship in Nigeria to contract statutory marriage unlike churches is that it is clearly against the Islamic concept of marriage and another thing ancillary to Nikkah
Consent and Comprehension
Many Muslims were tricked into marriage under the Act thinking that it is cost effective and less expensive than other forms of marriage. Some Muslims enter statutory marriages naively, believing it to be a mere formality for purposes like travel or property ownership. This misconception leads to severe repercussions, as the statutory marriage might supersede the Islamic marriage, causing significant legal and emotional turmoil as shown in the Judgement of Shariah Court of Appeal in Ilorin in the case of Muhammed V. Muhammed
Conflict with Religious Beliefs
Statutory marriage frameworks are primarily rooted in Christian matrimonial concepts, often at odds with Islamic principles. Imposing a statutory marriage on Muslims can infringe upon their constitutionally guaranteed right to freedom of religion. The Muhammed V. Muhammed case exemplified this, where the statutory marriage was held to be superior to subsequent Islamic marriage contracted by the deceased, therefore, the captain’s estate was held to be subject of the English law of Administration rather than Islamic Law.
Legal Ramifications
While Nigerian law recognizes Islamic marriages, a subsequent statutory marriage can introduce legal complexities. The Kasim V. Kasim, and Muhammed V. Muhammed cases underscore the potential for protracted legal battles, emotional distress, and financial burdens arising from such contradictions. Opting solely for Islamic marriage prevents these complications and ensures the unchallenged validity of the marital union.
Adherence to Sharia Law
Muslims possess the right to be governed by Islamic personal law in matters of marriage, family, and inheritance. Embracing statutory marriage can inadvertently subject them to civil laws potentially conflicting with Sharia principles.
Section 38 of the 1999 constitution (as amended) provides thus:
(1) Every person shall be entitled to freedom of thought, conscience, and religion, including the freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice, and observance
Once a Muslim contracted a statutory marriage, he voluntarily chose that his marriage and other matters connected therewith be guided by English law. In other words, he has willfully decided not to be guided by Muslim personal law which will give the sharia court jurisdiction over his affairs. The sharia court as set by the constitution is the court with jurisdiction over Islamic personal law. Section 262 of the Constitution of the Federal Republic of Nigeria provides as follows:
(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide –
(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relates to family relationship or the guardianship of an infant;
Exclusive adherence to Islamic marriage guarantees that marital and familial matters align with Islamic tenets.
Preserving Religious Integrity
Islamic marriage is designed to embody and propagate Islamic values. By avoiding statutory marriages, Muslims safeguard the integrity of their religious practices and ensure their marital unions reflect their spiritual commitments. This congruence fosters stronger familial bonds and a cohesive Muslim community.
Matrimonial Causes in Nigeria: An Overview
Interactions between individuals inevitably lead to controversies, especially within the framework of marriage. Matrimonial causes refer to legal issues or disputes related to marriage. These encompass a range of issues including divorce, annulment, separation, and disputes over child custody, spousal support, and property division. In Nigeria, the Matrimonial Causes Act is the primary legislation governing these matters.
- Dissolution of Marriage: This legally terminates a marriage due to its irretrievable breakdown which is the sole ground for dissolving statutory marriage. Facts that could be established to prove the sole ground include willful and persistent refusal to consummate the marriage, adultery, unreasonable behaviour, desertion, and prolonged separation etc.
- Nullity of Marriage: A marriage can be declared void or voidable due to specific defects as outlined in the Matrimonial Causes Act.
III. Judicial Separation: This allows couples to live apart under a court order while remaining legally married. It does not dissolve the marriage but relieves the parties from the obligation to cohabit.
Legal Framework Governing Marriages in Nigeria
The laws regulating marriages in Nigeria are multifaceted and sometimes overlapping. Key legal frameworks include:
- The Marriage Act: A federal law regulating statutory marriages, promoting monogamy, and criminalizing polygamy for couples married under the Act.
- Native Law and Custom: Customary law is a recognized source of personal law in Nigeria, particularly in areas like marriage, child custody, family, inheritance, and intestacy.
III. Islamic Law: Although sometimes considered a form of customary law, Islamic law is distinct due to its faith-based nature and specific provisions within the Nigerian legal system.
- Case Law: Judicial decisions that interpret and apply statutory provisions and customary laws.
Distinguishing Islamic Marriage and Marriage under the Act in Nigeria
In Nigeria, marriage can be conducted under various legal frameworks, primarily Islamic law and the statutory Marriage Act. These two forms of marriage differ significantly in both form and substance.
- Legal Framework and Recognition:
- Islamic Marriage: Governed by Islamic law, it allows a man to marry up to four wives simultaneously, subject to the condition that he can treat them all equally (Qur’an 4:3).
- Marriage under the Act: Governed by the Marriage Act of 1914, which mandates monogamy and criminalizes bigamy. This framework reflects British legal influences from the colonial era and is recognized nationwide.
- Marriage Ceremony and Documentation:
- Islamic Marriage: This involves the contract (nikah), mahr (dower), and witnesses. This is done in the presence of witnesses by the waliy through his pronouncement and handing over of the bride to the groom in marriage
- Marriage under the Act: Requires a notice of marriage to be displayed publicly for 21 days. The ceremony can take place at a registrar’s office or a licensed place of worship. It involves signing a marriage certificate, which legally binds the couple.
III. Polygamy:
- Islamic Marriage: Permits polygamy, allowing a man to have up to four wives simultaneously, provided he can maintain justice and fairness among them (Qur’an 4:3).
- Marriage under the Act: Enforces strict monogamy, making it illegal for a man to have more than one wife at a time.
- Legal Requirements and Conditions:
- Islamic Marriage: Requires the consent of both parties, presence of the waliy and witnesses, and payment of mahr. The marriage is formalized with a written or oral contract.
- Marriage under the Act: Parties must be of marriageable age, give notice of marriage, and have no lawful impediments. A marriage certificate is issued to formalize the union.
- Divorce and Dissolution:
- Islamic Marriage: Divorce can be initiated by the husband (talaq), mutual consent (khula), or judicial intervention (fasakh). There is a waiting period (iddah) for the wife before the divorce is finalized.
- Marriage under the Act: Dissolution of marriage requires a court order, demonstrating irretrievable breakdown based on facts such as adultery, desertion, or unreasonable behaviour.
- Custody and Maintenance:
- Islamic Marriage: Custody is determined based on the welfare of the child, with the mother typically having priority for young children. The husband is responsible for maintenance.
- Marriage under the Act: Custody and maintenance are determined by the court, considering the best interest of the child and the financial capacities of both parents.
Unique Features of Islamic Marriage vis-à-vis Islamic Law of Succession and Inheritance
In the context of succession and inheritance, Islamic marriage presents distinctive features that align with the religious and legal frameworks prescribed by Sharia law. This stands in contrast to the implications faced by those who contract marriage under the statutory Marriage Act, subjecting them to English administrative law upon dying intestate.
Predetermined Shares and Equitable Distribution
Islamic law mandates specific shares for heirs as outlined in the Quran, ensuring fair and equitable distribution of a deceased Muslim’s estate. For instance, a wife inherits one-eighth of her husband’s estate if there are children, or one-fourth if there are no children (Quran, Surah An-Nisa, verses 11-12). Similarly, a husband inherits half of his deceased wife’s estate if there are no children, and one-fourth if there are children (Quran, Surah An-Nisa, verse 12). These fixed shares eliminate ambiguity and uphold the principles of justice and fairness central to Islamic teachings.
Prohibition of Intestate Succession
In Islamic law, intestacy is inherently avoided as the Quran and Hadith prescribe mandatory distribution rules. This ensures that a Muslim’s estate is always allocated according to divine injunctions, reflecting the belief that no Muslim dies intestate. The predetermined nature of inheritance shares in Islamic law contrasts sharply with the discretionary nature of intestate succession under English administrative law.
Spousal Inheritance Rights
Islamic marriage guarantees clear inheritance rights for spouses, safeguarding their financial security and reinforcing familial integrity. The divinely mandated shares ensure that the surviving spouse is adequately provided for, preserving the stability and cohesion of the family unit in accordance with Islamic values.
Comparison with Statutory Marriage under the Act
For individuals who contract marriages under the Marriage Act, the implications of dying intestate are governed by English administrative law, which may not align with Islamic principles. Key distinctions include:
- Statutory Intestate Succession: Under English law, the distribution of an estate without a will is subject to the Intestacy Rules, which may result in allocations that contradict Islamic inheritance laws. This can lead to the exclusion or marginalization of certain heirs recognized in Islam.
- Spousal Rights: English law may prioritize the spouse’s inheritance over other relatives, potentially disrupting the equitable distribution intended by Islamic law. For example, the surviving spouse may inherit a larger portion, leaving less for other family members.
- Judicial Interpretation: The application of English administrative law often involves judicial discretion, which may result in unpredictable outcomes. This contrasts with the fixed and predetermined shares mandated by Islamic law, which provide clarity and consistency.
Islamic Law of Inheritance: A Quranic Mandate and Consequence of Non-Compliance
In the context of Islamic law, the Quran explicitly mandates the distribution of inheritance shares, and non-compliance with these divine injunctions carries severe consequences. This underscores the gravity of adhering to Islamic law in matters of succession and inheritance.
Quranic Injunctions on Inheritance
The Quran delineates specific shares for heirs, ensuring justice and fairness in the distribution of a deceased Muslim’s estate. Key verses include:
- Surah An-Nisa, Verse 11: “Allah commands you regarding your children’s inheritance: a male will have twice the share of a female. If you leave only two or more females, their share is two-thirds of the estate. If there is only one female, her share will be half. Each parent is entitled to one-sixth if you leave offspring. If you are childless and your parents are the only heirs, your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfillment of bequests and debts. Be fair to your parents and children, as you do not fully know who is more beneficial to you. This is an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”
- Surah An-Nisa, Verse 12: “You will inherit half of what your wives leave if they are childless. If they have children, you will inherit one-fourth of their estate after the fulfillment of bequests and debts. They will inherit one-fourth of what you leave if you are childless. If you have children, they will inherit one-eighth of your estate after the fulfillment of bequests and debts. If a man or woman dies leaving neither parents nor children but only a brother or a sister from their mother’s side, they will each inherit one-sixth. But if they are more than one, they all will share one-third of the estate after the fulfillment of bequests and debts without harm to the heirs. This is a commandment from Allah. And Allah is All-Knowing, Most Forbearing.”
Consequence of Non-Compliance
Non-compliance with these divine injunctions is considered a grave sin in Islam, carrying severe consequences in the Hereafter. The Quran explicitly warns against deviating from prescribed inheritance laws:
Surah An-Nisa, Verse 13-14: “These are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to abide therein forever. And that will be a great success. But whoever disobeys Allah and His Messenger and transgresses His limits will be cast into the Fire, to abide therein forever. And they will suffer a humiliating punishment.”
These verses underscore the significance of adhering to Islamic inheritance laws and the dire consequences of failing to do so. Muslims are thus obligated to ensure that their estate is distributed according to the Quranic injunctions to avoid divine punishment.
Case Study: Muhammed v. Muhammed
One illustrative case that highlights the dangers of statutory marriage for Muslims is Muhammed v. Muhammed (Appeal No: KWS/SCA/CV/AP/IL/14/2022), decided by the Kwara State Shariah Court of Appeal.
Summary of Facts
On October 8, 2020, the respondents, who were plaintiffs in the Upper Area Court, Ilorin, filed a case against the appellants. They claimed that as the firstborn and next of kin of the late Major Mohammed Adeniyi, they were entitled to a share of his estate. Major Adeniyi had married his first wife under the Marriage Act and subsequent wives according to Islamic law. The first appellant received substantial benefits from the Military Pension Board and Army Headquarters without distributing shares to other beneficiaries, including the respondents [Twenty-three Million Naira (N23,000,000.00) only and another Thirteen Million Naira (N13,000,000.00)].
The second appellant, the first wife of the deceased, argued that the marriage under the Marriage Act governed the estate’s succession, meaning only she and her children were entitled to inherit, per the Administration of Estates Law of Kwara State. The Upper Area Court, however, held that Islamic law should govern the succession of the deceased’s estate.
Judgment
The appellants appealed to the Sharia Court of Appeal, Ilorin division, which ruled in their favor. The court set aside the ruling of the trial court, citing a lack of jurisdiction. It held that the estate of the deceased, who had a valid statutory marriage, could not be governed by Islamic law but rather by the Administration of Estate Law of Kwara State.
Implications
This case illustrates the legal conflicts and complications that arise when Muslims contract statutory marriages. Despite having subsequent Islamic marriages, the statutory marriage’s legal precedence led to the estate being governed by non-Islamic law. This outcome underscores the importance for Muslims to avoid statutory marriages to ensure their estate is managed in accordance with Islamic principles, preventing legal disputes and ensuring adherence to Sharia law.
Conclusion
Muslims must carefully consider the legal and religious ramifications of their marital choices. Islamic marriage aligns with Sharia principles, ensuring marital harmony and compliance with divine laws. In contrast, statutory marriages can lead to significant legal conflicts, as evidenced by cases like Muhammed v. Muhammed. To preserve their religious integrity and avoid legal entanglements, Muslims should prioritize Islamic marriages, aligning their marital and familial matters with the divine guidance provided in the Quran and Hadith.
Saheed Akinola esq is a legal practitioner and could be contacted through +2348032493960 or choicelandsolicitors9@gmail.com