Exploring legal recognition and challenges of Islamic law and mixed marriages in Malta

Abstract

This dissertation explores the legal recognition and regulatory challenges surrounding Islamic law and religiously-mixed marriages in Malta. While grounded in a legal system heavily influenced by Catholicism, Malta now faces the growing realities of religious and cultural diversity due to increased migration. The study focuses on how Maltese civil law interacts with Islamic personal law, particularly regarding the recognition and registration of Islamic marriages, such as the Nikah. A central issue is that these marriages often remain unregistered under the present civil law framework, leaving the couples involved in a state of legal uncertainty and deprived of legal protections in matters such as divorce, inheritance, or spousal support. In addition to analysing Malta’s legislative and judicial approach, this dissertation explores how other European jurisdictions, namely Spain, France, the Netherlands, and the United Kingdom, address the recognition of Islamic marriages within their legal systems. By placing Malta within a broader European context, the dissertation reveals both best practices and significant inconsistencies, particularly in balancing secular governance with religious accommodation. This comparative legal analysis is complemented by engagement with international human rights instruments, most notably the European Convention on Human Rights, and key rulings from the European Court of Human Rights on religious freedom and the right to marry. The research adopts a qualitative, doctrinal methodology, drawing on case law, statutory provisions, and academic commentary. It concludes that while Maltese law provides a uniform civil framework and recognises some forms of religious marriages, it often fails to accommodate the lived realities of religiously-mixed couples, especially those who choose to celebrate a Muslim marriage.