URSB cites underutilisation of Islamic polygamous marriages

During a marriage conference held at Protea Hotel, Kampala on Valentine’s Day, an intriguing revelation surfaced regarding the underutilisation of the opportunity for polygamous marriages among Muslim men.

Charles Nsimbi, the manager of civil registration at Uganda Registration Services Bureau (URSB), highlighted this observation during the marriage conference organised by URSB, pointing out that despite Islamic law permitting men to marry up to four wives, the actual number of filings is significantly lower than expected.

Thus, he raised the question of how the registry can facilitate the registration of all wives for each man within the Muslim community.

However, Nsimbi acknowledged the significant improvements in the filing of Muslim marriages where he said, despite this progress, the registry still perceives room for enhancement.

Abdul Walusimbi, the director of Sharia and legal affairs in the office of the supreme Mufti in Kibuli, delved into the complex dynamics surrounding marriage registration within the Muslim community.

He said while Islamic law permits polygamy, not everyone opts for it, including numerous leaders who remain monogamous.

“From the Islamic perspective, a marriage's validity hinges on four essential components: maturity, consent of both partners, consent of the guardian or parent, and the presence of two marriage witnesses, followed by the exchange of vows, so formal registration typically occurs afterward and some even be ignorant about it,” he added, attributing this to less registration of marriages.

Walusimbi, however, emphasised that the Muslim leaders are endeavoring to enhance public awareness regarding the importance of registration nonetheless, their capacity to do so remains insufficient.

He also mentioned that there has been a noticeable positive shift, with 114 marriages  registered in 2023, and already 16 marriages registered this year which is attributed to various factors, including the stringent requirements of civil courts during divorce proceedings, the migration trend for greener pastures abroad necessitating proof of marital status, and an increasing awareness among the elite class.

“However, challenges persist, with the cost of marriage certificates, particularly in rural areas, and widespread ignorance of the law among the populace contributing to low registration rates,” Walusimbi stated.

He advocated for a collective change in mindset and increased efforts to address these challenges to promote greater awareness and adherence to marriage registration laws within the Muslim community.

Muhammad Ali Waiswa, the second deputy Mufti of Uganda, raised concerns about individuals who marry multiple times without proper documentation which calls for the implementation of a digital system, where thumbprints and pictures are captured to prevent remarriage without proper divorce.

Waiswa said  traditional registration methods may be outdated and emphasised the need for more secure measures to prevent duplication, giving examples of individuals who are purchasing marriage certificate books from the institutions and duplicating them for profit.

Margaret Tekisooka Nkata, the chief administrative officer of Mukono, stressed the importance of registration and urged those already aware of its significance to become ambassadors for encouraging others to register their marriages, whether customary, civil, or in church.

She noted that many local leaders are unaware of the requirement to register customary marriages and suggested that URSB officials get out of their offices and organise workshops to educate them on the process and where and how to submit filed returns.

Apostle Dr. Joseph Serwadda, the president of the Born Again Faith in Uganda and co-chair of the Inter-Religious Council of Uganda, expressed dissatisfaction with the prolonged stagnation of the Marriage Bill 2022 on Parliament shelves.

While complaining about the delay in the passing of the Marriage Bill, Serwadda revealed his recent conversation with the Tororo Woman MP Sarah Opendi, where she cited the Ministry of Finance not clearing the certificate of financial implications as the reason for the delay.

He suggested that if there are wicked spirits (demons) hindering the bill's progress, they seem to originate from the Ministry of Finance and also called for swift resolution of these issues to ensure the bill's passage without further delay.

Mercy Kainobwisho, the registrar general at URSB, called upon Ugandans to legalise their marriages to harness different advantages, where a Marriage Registration Certificate serves as tangible evidence of marriage and then in cases of doubt, presenting this registration holds legal weight.

“Marriage Registration ensures economic stability by providing comfort and facilitating easier access to credit. It also contributes to mental health stability, reassuring children about their parents' legal bond,” she stated.

 While emphasising the sanctity and permanence of marriage, Kainobwisho said it is more than just a casual arrangement, but rather a profound commitment between two individuals, marked by dedication, loyalty, and mutual support which also calls for certification.

“The Bible and the Koran are very clear about marriage. Marriage is not about free entry and exit; it's a commitment,” she said.

Kainobwisho advised churches to acquire licenses and couples intending to get married to verify if the churches are licensed.

"When we issue a license to a place of worship, it is incumbent upon the church to ensure the filing of marriage returns. Prospective couples should verify whether these churches are duly licensed before proceeding with their marriage arrangements," she said.