ABSTRACT
In Muslim countries marriage, though not a ‘sacrament’, occurs in a religio/legal framework, and is regulated by a code of law rooted in religious precepts. In Morocco, the tension created by the existence of parallel notions of marriage validity are manifested in a type of dispute involving unregistered marriages known asfatiha, so named because they are solemnised by recitation of the first sura of the Qur’an. The Iranian Civil Code recognises mut’a as a legally valid marriage and has retained its Shi’a conceptions and rules. To understand Pari’s new assertion, it is necessary to look at the formalities involved in contracting a marriage in Islam. Bothfatiha and mut’a marriages, although theoretically correct from the Shari’a perspective, are defective. A valid marriage according to the Shari’a or social practice needs legal registration in order to become a fully effective marriage.
