Unrecognised Muslim marriage in Ireland: incidence and implications

This article considers the incidence and implications of“nikah-only”marriages inIreland, that is, marriages which are conducted according to the rites of theIslamic faith but which do not conform to the legal formalities for marriage underIrish law and thus are not legally recognised. Despite a growing Muslim populationin Ireland, little is known about Muslim marriage practice in this jurisdiction and noempirical research on this topic has been conducted to date. Without specific data onthe phenomenon of unregistered marriage, this article relies on an examination of theIrish legal formalities for marriage and available statistics on marriage in Ireland tohypothesise about the potential incidence of unregistered Muslim marriages in thejurisdiction. Although the formalities for religious marriage in Ireland are not par-ticularly onerous, it is argued that it is likely that Muslim marriages which do notmeet the requirements for legal recognition are occurring. This article will identifysome of the legal consequences for couples whose marriage is unrecognised and high-light the need for awareness-raising about Muslim marriage practices in Ireland sothat the Muslim community are fully aware of both the significance of seeking legalrecognition for their marriages and the challenges inherent in ensuring that theirmarriage will be legally recognised.