Marriage Law in Islam vs Australian and Canadian Law Faiyaz M. Khan With the growing populations of Muslims living in Australia and Canada, estimated to be 3.2 per cent [1] and 4.9 per cent [2] of the population at the last census respectively, the validity of Islamic marriages, their legality and recognition are important considerations for today’s Muslims. This paper will first outline the elements of a valid Sunni Islamic marriage according to Islam’s sacred sources: the Qur’an and hadith, as well as classical and modern scholarly opinions. These essential elements are offer, acceptance, consent, witnesses, guardianship, and dowry for the bride. Secondly, the prerequisites of a civil marriage under Australian and Canadian law will be defined, specifically discussing marriageable age, consent, and who can be a witness to a marriage. Additionally, Islamic marriage prerequisites will be compared to Australian and Canadian civil marriage laws to establish their compatibility. Fi...
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