Everything You Need to Know About Civil Marriage and How to Register It in Your Country

Many people wonder what civil marriage is, as this type of marriage has become increasingly common among the younger generation. There are growing calls for it to be recognized as a valid form of marriage in Arab countries, just as it is in European countries. 

In this article, we will explore civil marriage, its features, and the stance of some Arab countries on this type of marriage.

What is Civil Marriage?

Civil marriage, like any other marriage, is a bond between two people who agree to share life's challenges and all its moments. However, this marriage is contracted between a man and a woman according to civil law, without the involvement of religious authorities or any mandatory religious conditions, such as the approval of a wali or the requirement that both spouses share the same religion.

Civil marriage matters are handled by civil courts in these countries, so in cases of dispute or divorce, people turn to civil courts rather than religious courts.

Civil marriage is considered an important step toward overlooking all differences among human beings and focusing on the essence of human relationships.

Civil marriage is concluded with the consent of both parties, in the presence of witnesses and an official authorized to register marriages in the state. The terms of the contract are agreed upon by both parties according to their wishes and are then registered in the civil courts of the country.

Features of Civil Marriage:

The spirit of marriage between two people is the same in all types of marriage—religious, civil, or ideological—as it is based on mutual love and respect between a man and a woman.

However, civil marriage is considered one of the best forms of marriage worldwide because of its many advantages, the most important of which are:

Few Regulating Rules:

 Unlike other types of marriage, civil marriage does not have strict rules or regulations regarding the ceremony or how the marriage is celebrated. There are no specific conditions for the contract; it is simply based on the agreement between the two parties.

 Marriage is conducted regardless of the religion, ethnicity, or nationality of the individuals involved. It is simply a bond that unites two people in mutual love.

Can Be Conducted Without Reference to Others:

If both parties agree, civil marriage can take place without the need for approval from a wali or religious authorities, unlike religious marriage, which requires the woman's wali's approval and the absence of any religious impediment to the marriage.

Simple Requirements:

This is considered the best aspect of civil marriage: it does not require many procedures, ceremonies, or rituals. It is sufficient for both parties to be adults and of sound mind, and that neither is already married, for the marriage to take place.

Civil Marriage Grants Women Equal Rights:

It can be said that in civil marriage, women's rights are equal to men's rights. Civil courts prohibit a man from marrying another woman while married, and both parties can agree on equal rights in the marriage contract.

 Civil marriage also grants both spouses equal rights to divorce, meaning a woman can initiate divorce just as a man can.

Cannot Be Dissolved Without Valid Reasons:

Civil marriage does not recognize separation without compelling reasons; separation is only allowed in extreme cases such as infidelity or a spouse not respecting the marriage.

 Even in such cases, divorce proceedings in civil courts are difficult and require a skilled lawyer to handle divorce in a civil marriage contract.

Civil Marriage in Arab Countries:

Civil marriage is considered invalid and unrecognized in most Arab countries, as marriage laws in these countries are based on the predominant religions of the state.

 Therefore, the laws and conditions for marriage in Arab countries are the same as those in the dominant religions of those states.

Some Arab countries are exceptions and do allow civil marriage on their territory.

In these countries, civil marriage is recognized as the primary form of marriage, while religious marriage or religious rituals are optional, as in Lebanon and Tunisia. 

Other countries allow foreigners to marry civilly but encourage their Muslim citizens to pursue religious and shar'i marriage, such as the United Arab Emirates.

In countries like Syria, Jordan, and Saudi Arabia, only religious marriage is recognized, and civil marriage is not considered valid, despite increasing calls from some segments of society for its recognition—especially after the rise of matchmaking websites for Arab youth, such as Mizwaj, which is a genuine marriage platform designed for Arab-style matchmaking with the goal of marriage.

In conclusion, it can be said that the widespread question about civil marriage stems from the longstanding rejection of this type of marriage in our Arab societies and its absence from the laws of these countries.