In several European countries, a discreet but worrying phenomenon continues to grow: the existence of religious marriages celebrated outside the legal framework of the state. These unions, recognized in certain religious or community circles, nevertheless have no legal value unless they are registered with the civil authorities.
This situation creates a gray area in which some women and children can find themselves without real protection. In Belgium, this reality remains largely under-documented, but social workers, lawyers, and NGO representatives are aware that it exists. Behind these informal unions sometimes lie complex human situations: couples without legal status, families living in administrative limbo, and children whose legal situation becomes extremely precarious.
The phenomenon is not unique to Belgium. It is part of a broader reality observed in several European countries for decades. But in certain urban neighborhoods marked by immigration and precarious administrative situations, this practice can take on a particular dimension.
An ancient but controversial religious tradition
To understand the existence of these unregistered religious unions, we must go back to certain matrimonial practices stemming from classical Muslim law.
From the earliest centuries of Islam, some sources mention the existence of a type of union called mutʿa, often translated as "temporary marriage." This contract consists of a relationship concluded for a fixed period between two people, accompanied by mutual agreement and the payment of a dowry.
In the legal tradition of Twelver Shiism, this practice has never been abrogated and remains lawful in some Shiite majority countries, notably in Iran or in certain regions of Iraq, where it is called sigheh.
However, the majority of Sunni legal schools consider this type of marriage to have been prohibited very early in the history of Islam. This divergence constitutes one of the historical differences between Sunni and Shia legal traditions.
In Sunni societies, other forms of informal religious unions have nevertheless emerged over time. These include the nikah, celebrated without civil registration; the urfi marriage, often discreet and unofficial; and the misyar marriage, in which certain marital obligations are voluntarily limited.
These unions may be recognized religiously, but they have no legal existence in modern states unless registered with civil authorities.
The emergence of the phenomenon in European diasporas
With international migrations since the 1960s and 1970s, some of these practices have been observed in Muslim diasporas in Europe.
In most cases, couples comply with the law and have a civil marriage ceremony before the religious ceremony. However, in certain situations, particularly when the individuals involved have irregular immigration status, some couples choose to have only a religious marriage ceremony.
The country where this phenomenon has been most studied is the United Kingdom. A survey conducted by the organization Muslim Women's Network UK showed that approximately 60% of women who had celebrated a Muslim religious wedding were not legally married under British law.
In these situations, the consequences often appear during separations: lack of division of assets, difficulty in obtaining alimony or impossibility of asserting certain family rights.
A discreet but real reality in Belgium
In Belgium, the law is clear: a civil marriage must precede any religious ceremony. Celebrating a religious marriage without a civil ceremony can even be punishable by law.
However, despite this legal framework, social workers and field workers report the existence of religious marriages celebrated without civil registration. In some Brussels neighborhoods, informal unions, sometimes called "Fatiha marriages," are still practiced.
These ceremonies generally consist of a recitation of the Fatiha, the first surah of the Quran, before an imam or a person recognized religiously by the community. For those involved, this union can be considered fully valid from a religious and social standpoint, even though it has no legal standing.
In some cases, these unions involve couples with irregular immigration status. The absence of a civil marriage may then be due to the fact that one or both partners do not have a residence permit.
The consequence is sometimes dramatic: the couple starts a family, children are born, but the entire household remains legally precarious. Without legal status, the parents can find themselves in a situation of prolonged administrative undocumented status.
Worrying precedents in Brussels
The issue of unregistered religious marriages has already raised concerns in the past in Belgium.
In the 2000s and early 2010s, some preachers active in certain Brussels neighborhoods were accused of having officiated numerous religious marriages outside of any legal framework. The name of the preacher known as Sheikh Bassem, active notably in Molenbeek before leaving for Syria where he died fighting for the Islamic State, was often mentioned in this context.
Similarly, some parliamentary inquiries have highlighted the abuses that existed around the Islamic and Cultural Centre of Belgium, located at the Cinquantenaire in Brussels, before its status was called into question by the Belgian authorities from 2018-2019.
These situations have helped to draw the authorities' attention to the risks associated with the existence of religious structures operating outside of any legal control.
Concrete consequences for women and children
Beyond the religious debate, the issue is primarily legal and social.
When a religious marriage is not registered civilly, the spouses do not benefit from the protections provided by matrimonial law. In the event of separation, the woman may find herself without any legal rights to the couple's assets.
The situation can also become complex for children, particularly when their parents are in a precarious immigration situation. The lack of legal status can complicate certain administrative procedures related to parentage, residency, or access to certain social rights.
Legal experts sometimes speak of "invisible families" to refer to situations in which a family reality exists socially but remains legally fragile.
A challenge for the rule of law
Most experts emphasize one essential point: these situations remain in the minority and do not reflect the reality of the vast majority of Muslim families living in Europe.
However, even though they are a minority, the existence of unregistered religious unions poses a real challenge for European societies. It highlights a tension between two fundamental principles: religious freedom and equality before the law.
In European democracies, freedom of religion is protected. However, this freedom cannot supersede the rules of civil law, particularly when it comes to protecting the rights of women and children.
The response to this phenomenon lies neither in stigmatization nor denial. On the contrary, it requires more information on the difference between civil and religious marriage, better legal support for those concerned, and increased vigilance against practices that circumvent the legal framework.
In a state governed by the rule of law, one rule remains fundamental: only civil marriage fully guarantees the legal rights of spouses and their children.
Ignoring the existence of these informal unions would not protect the people involved. On the contrary, recognizing this phenomenon and studying it seriously is a necessary step to prevent thousands of families from living permanently in the legal shadows of Europe.
