Table of Contents
Introduction
Bottom line: Islamic Marriages are recognized in New York even if there is no civil marriage license. New York has a statute and a public policy that recognizes legitimate marriages, even when there is no marriage license. However, there is confusion even among Islamic religious leaders about whether an Islamic Marriage is valid in New York without a license. This article will address this question, but remember, no internet blog is a replacement for consulting with an attorney.
A Deeper Dive in the Recognition of Islamic Marriages in New York
Whether to recognize a marriage is a matter of state law, not federal. A marriage might not be legal in one state but could be legal in another. Since this is a New York legal blog, I will address New York Law.
New York will recognize a marriage if properly “solemnized.”
Understanding ‘Solemnization’:
In New York, a marriage is ‘solemnized’ when the parties declare in the presence of a clergyman or magistrate and witnesses that they take each other as husband and wife. If the person who performed the wedding was a recognized member of the clergy and there were witnesses present, the court would view this as a valid wedding.
Respect for Islamic Marriages
This law and policy of the state of New York values the intentions and cultural practices of its residents. By acknowledging the Islamic marriage ceremony as valid solemnization, New York law demonstrates respect for cultural and religious practices.
Impact on Islamic Marriages:
For the Muslim community, this is significant. It validates the religious ceremonies conducted in accordance with Islamic law, even when a civil marriage license is not obtained. This acknowledgment ensures that Islamic marriages are given equal respect and legal standing under New York law.
Proving the Islamic Marriage
In recent years there have been a number of divorces between Muslim couples where one party or the other tries to deny the validity of the marriage. Whether this is an attempt to avoid enforcing the Mahr or for other reasons. Typically, one party seeks for the court to dismiss the divorce action because no marriage license was ever filed.
The New York Domestic Relations law will recognize a marriage as long is it solemnized, as we discussed above. As a practical matter, the parties in this dispute will need to fight it out in a trial. Trials are very expensive and time-consuming.
A party who thinks they can win this argument merely because there is no marriage license is generally wrong. First, the court will consider the Mahr (more on that here). If a Mahr doesn’t exist, the party trying to prove the marriage can call as a witness the person who officiated at the wedding and the wedding guests. People have also produced receipts from the catering hall, and shown the court wedding pictures and videos. Further, living together afterward and declaring to the world that they are married are all proofs that the marriage occurred.
New York Courts Have Preference for Marriages
The New York courts have a preference to find a marriage if taking into account all the surrounding facts, the parties intended to be married.
Foreign County Marriages
If the wedding was legally recognized in the country where the ceremony was held, then New York will recognize the marriage.
Other States
There is a fairly recent decision from one of the New York Appellate Court which found that a marriage which was not valid under New Jersey law, was valid under New York law. New Jersey will not recognize a marriage without a property marriage license. However, if the parties marry in New Jersey and then live in New York, without ever getting a marriage license, New York may still recognize the marriage.
Key Takeaways:
- Cultural Sensitivity: New York law shows a willingness to respect and incorporate cultural and religious marriage practices.
- Legal Recognition: Islamic marriages without a civil license can be legally recognized in New York.
- Jurisdiction Matters: The state where the couple resides and holds their matrimonial home plays a crucial role in determining the legality of the marriage.
Conclusion:
The general recognition of Islamic marriages without a civil license in New York is a testament to the state’s commitment to cultural inclusivity and legal flexibility. However, that does not mean that they will always recognize the marriage. The rules need to be followed and if a party cannot prove the property solemnization of the wedding, the court might not find a valid marriage.
Call Port and Sava for a Free 15 Minute Telephone Consultation, (516) 352-2999
