Legitimizing a Muslim marriage in Malta : navigating legal and normative structures

Abstract

This article explores the strategies adopted by Muslim and Catholic spouses in celebrating and legitimizing unregistered Muslim marriages in Malta. It demonstrates how these couples' decisions to celebrate such marriages and to introduce various 'Catholic' practices into their wedding ceremonies reflect the way they construct their identities and seek to socially ground them as an adaptive response to the overarching social context that also expresses their agency. These choices are contextualized in relation to the evolution of Maltese marriage law from colonial Church/State dualism until the present 'post-Catholic' scenario. Despite significant recent changes to marriage laws, Canon law rules continue to shape the way marriage is understood. This is important as marriage also serves a critical gate-keeping function in determining access to Maltese citizenship and residence. The article highlights the way in which the gap between formal (national) and informal (religious) law is managed by spouses and the local Imam so as to facilitate the formation of Muslim marriages.