Islamic law and mixed marriages in Malta

Abstract

The Muslim community in Malta constitutes a distinct group among the various migrants to the Maltese Islands. In discussing the origins of the community it is essential to highlight the policies drawn up by the Labour and Nationalist administrations. - Early in the 1970s the Maltese government led by Mr. Mintoff had been successful in establishing commercial relations with neighbouring Arab countries such as Libya, Tunisia, Algeria, etc.; while the tourist industry increased by a substantial number of Arabs who more than ever started to visit the Maltese Islands. - It is worth mentioning that the same government had introduced new legislation concerning marriages, which came to be known as the Marriage (Law) Act of 1975. This legislation allowed Civil Marriages in Malta. - In 1989 the present government led by Dr. Fenech Adami passed in parliament the right for dual citizenship whereby a male citizen of some country other than Malta could apply for Maltese citizenship, provided that the male was married to a woman who was a Maltese citizen. Previous to this legislation (1987) only women were entitled to be registered as citizens of Malta, provided that they renounced their former citizenship. - Finally, in 1988 a bilateral agreement was reached between the Maltese government and the Government of the Great Jamahariya, granting citizens of either country the right to enter their respective countries without the need of a passport but by simply showing an I.D. card on entering and leaving any of the countries concerned. The said policies and concessions could be chronologically enlisted in a span of nearly 20 years. Indeed, after two decades we are now in a position to analyse the outcome which this social interaction brought about. Very little research has been undertaken about this Muslim community in Malta. The dissertation therefore includes a brief. sketch of the origins of this particular community. However, my main analysis is confined to the phenomenon of mixed marriages between Muslim males coming from different parts of the Arab world, mainly Egypt and Libya and Catholic Maltese females. I shall analyse this phenomenon from Civil, Islamic and Catholic perspectives. The dissertation attempts to record, as objectively as possible, what can be learned from the observance of these mixed marriages. It endeavours to record how many of these marriages were contracted and registered at the Public Registry. What importance is attached to a registry office wedding? Is a registry office wedding considered as an integral part of the Muslim marriage ceremony? Is it binding? How many of these couples married at a mosque, in Malta or abroad? How many of these marriages were dispensed by the Catholic Church? How many of these marriages involved the impediment of the disparity of cult? Were there any Muslims who dissolved their previous marriage by means of the Pauline Privilege in favour of the faith of the party who had received baptism? How many of these marriages were dissolved by the local law courts? How many were declared null by the ecclesiastical tribunals? How many divorced each other by a simple 'talaq' or by simply separating from each other? How many of these married couples settled in Malta or abroad? How many of the Maltese women were converted to Islam? And if the women adhered to their faith, were their children baptized and brought up in the Catholic faith? The primary research sources are few. Reference is made to the following, namely: Research Centres in Malta: - Public Registry; - Archbishop's Curia; - Law Courts; - Ecclesiastical Tribunal; - Islamic Centre; - Dar I-Emigrant. Research Centres in Gozo: - Public Registry; - Bishop's Curia; - Law Courts; - Ecclesiastical Tribunal. Besides these primary sources, information has been gathered from interviews with couples who had a happy marriage; those whose marriage was dissolved; with Public Registrars; with the Ecclesiastical Tribunal authorities with lawyers; with the Imam in Malta and the authorities responsible for Dar I-Emigrant (Emigrant's House). Since there had virtually been no previous research about the Muslim community in Malta the required data were not available for this study concerning: Islamic Law and Mixed Marriages in Malta.