In
light of the differences between traditional Muslim marriage practice and the
statutory formalities required for entry into a legally recognised marriage in many
common law jurisdictions, question-marks hang over the legal status of a potentially
significant number of Muslim marriages undertaken in the Western World. While
increasing attention has been drawn to the issue in many jurisdictions (including
England and Wales), there has been little, if any, investigation to ascertain
whether or to what extent such issues are also arising in Ireland. This paper
seeks to fill this gap. The research highlights the specific formalities to be
adhered to under the Civil Registration Act 2004 in order to produce a legally
recognised marriage in the State. While many Muslim marriages may meet these
standards, a potentially significant minority may not. In this context, the
paper considers the legislative protection available to Muslim spouses whose
marriage remains unrecognised.