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Marriage and Divorce of Mohammedans Act

Ordinance 7 of 1906 Current version · as at 31 December 2000

An Act relating to marriage and divorce of Mohammedans.

Enacted1906
Commenced15 April 1906
Last amended28 July 2023Act 17 of 2023
Point-in-time consolidation · as at 31 December 2000. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act relating to marriage and divorce of Mohammedans.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Amendments

1 amending instrument
  1. 28 July 2023 Law Revision (Miscellaneous Amendments) Act, 2023 Act 17 of 2023

Full text of the Act

0 parts · 47 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Marriage and Divorce of Mohammedans Act

Commenced on 15 April 1906

[This is the version of this document at 31 December 2000.]

An Act relating to marriage and divorce of Mohammedans.

Marriage Act and Marriage of Africans Act not to apply in certain cases

The Marriage Act and the Marriage of Africans Act shall cease to apply to the celebration of marriages between persons both of whom profess the Mohammedan religion, and neither of whom is a party to an existing marriage, under or declared valid by those Acts, with any person other than a Mohammedan

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Marriage Act and Marriage of Africans Act not to apply in certain cases”.

“The Marriage Act and the Marriage of Africans Act shall cease to apply to the celebration of marriages between persons both of whom profess the Mohammedan religion, and neither of whom is a party to an existing marriage, under or declared valid by those Acts, with any person other than a Mohammedan”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Marriage Act and the Marriage of Africans Act shall cease to apply to the celebration of marriages between persons both of whom profess the Mohammedan religion, and neither of whom is a party to an existing marriage, under or declared valid by those Acts, with any person other than a Mohammedan
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Marriage Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Mohammedan marriages and divorces

All marriages between persons professing the Mohammedan religion, and all divorces from such marriages celebrated or given according to the rites and observances of the Mohammedan religion customary and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as provided in this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Mohammedan marriages and divorces”.

“All marriages between persons professing the Mohammedan religion, and all divorces from such marriages celebrated or given according to the rites and observances of the Mohammedan religion customary and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as provided in this Act”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. All marriages between persons professing the Mohammedan religion, and all divorces from such marriages celebrated or given according to the rites and observances of the Mohammedan religion customary and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as provided in this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Minister may appoint registrars

The Minister may by statutory order appoint any person, hereafter called a registrar, to register Mohammedan marriages and divorces which have been effected within certain specified limits; and the registrar may appoint persons to be deputy registrars within those limits, and hereafter "registrar" shall include a deputy registrar

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Minister may appoint registrars”.

“The Minister may by statutory order appoint any person, hereafter called a registrar, to register Mohammedan marriages and divorces which have been effected within certain specified limits; and the registrar may appoint persons to be deputy registrars within those limits, and hereafter "registrar" shall include a deputy registrar”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Minister may by statutory order appoint any person, hereafter called a registrar, to register Mohammedan marriages and divorces which have been effected within certain specified limits; and the registrar may appoint persons to be deputy registrars within those limits, and hereafter "registrar" shall include a deputy registrar
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
Court's determination Section 3 of the Marriage and Divorce of Mohammedans Act Cap 147 provides that: "All marriages between persons professing the Mohammedan religion, and all divorces from 5 such marriages celebrated or given according to the rites and observances of the Mohammedan religion, customs and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as provided in this Act."
Nantongo Fatimah v Alphonso Flute alias Matovu Flute (Divorce Cause No. 100 of 2023) [2025] UGHCFD 88 (27 June 2025)
[2025] UGHCFD 88 · High Court · 2025-06-27

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registrars to keep books

Every registrar shall keep up the following register books, which shall be supplied to him or her by the Minister (a) Book 1-register of marriages in the Form A in the Schedule to this Act; and

(b)

Book 2-register of divorces in the Form B in that Schedule.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Registrars to keep books”.

“Every registrar shall keep up the following register books, which shall be supplied to him or her by the Minister (a) Book 1-register of marriages in the Form A in the Schedule to this Act; and”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) Book 2-register of divorces in the Form B in that Schedule.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Marriages and divorces to be registered

(1)

Application for registration shall be made within one month from the date of the marriage or divorce, before a registrar in the manner and by the persons following-

(a)

in the case of a marriage, by the husband, or in the event of his death before the expiration of one month from the date of the marriage, by the widow; but if either party whose duty it is to apply is a minor, the application shall be made by his or her lawful guardian, and if the widow be a purdah-nisheen the application shall be made by her personally or on her behalf by her duly authorised vakil;

(i)

other than of the kind known as Khula, by the man who effected the divorce; and

(ii)

of the kind known as Khula, by the parties to the divorce jointly, but if the woman is a purdah-nisheen the application may be made on her behalf by her duly authorised vakil.

(2)

Nothing in this section shall prevent a woman or, if she is a purdah-nisheen, her authorised vakil, or her guardian applying for the registration of marriage or divorce if the man fails to apply, or a minor from so applying if his or her guardian fails to apply.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Marriages and divorces to be registered”.

“(1) Application for registration shall be made within one month from the date of the marriage or divorce, before a registrar in the manner and by the persons following-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Application for registration shall be made within one month from the date of the marriage or divorce, before a registrar in the manner and by the persons following-
  2. (a) in the case of a marriage, by the husband, or in the event of his death before the expiration of one month from the date of the marriage, by the widow; but if either party whose duty it is to apply is a minor, the application shall be made by his or her lawful guardian, and if the widow be a purdah-nisheen the application shall be made by her personally or on her behalf by her duly authorised vakil;
  3. (i) other than of the kind known as Khula, by the man who effected the divorce; and
  4. (ii) of the kind known as Khula, by the parties to the divorce jointly, but if the woman is a purdah-nisheen the application may be made on her behalf by her duly authorised vakil.
  5. (2) Nothing in this section shall prevent a woman or, if she is a purdah-nisheen, her authorised vakil, or her guardian applying for the registration of marriage or divorce if the man fails to apply, or a minor from so applying if his or her guardian fails to apply.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
Sections 5 of the Marriage and Divorce of Mohammedans Act cap 16 requires Mohammedan marriages (and divorces) to be registered by the Registrar of Marriages, but section 16 of the same Act states that non registration of a marriage does not affect its legal effect.
Tumusiime & 3 Ors v Semakula (Civil Suit No. 76 of 2013) [2017] UGCommC 84 (14 July 2017)
[2017] UGCOMMC 84 · High Court · 2017-07-14

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registrar to make inquiry

On application being made to a registrar for registration under this Act, and upon the receipt by the registrar of such fee as the Minister may by statutory order direct, he or she shall satisfy himself or herself whether or not such marriage or divorce has been effected by or between the parties, and also as to the identity of the parties; and, further, in the case of a person appearing as a guardian or a vakil, as to the right of that person to appear

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Registrar to make inquiry”.

“On application being made to a registrar for registration under this Act, and upon the receipt by the registrar of such fee as the Minister may by statutory order direct, he or she shall satisfy himself or herself whether or not such marriage or divorce has been effected by or between the parties, and also as to the identity of the parties; and, further, in the case of a person appearing as a guardian or a vakil, as to the right of that person to appear”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. On application being made to a registrar for registration under this Act, and upon the receipt by the registrar of such fee as the Minister may by statutory order direct, he or she shall satisfy himself or herself whether or not such marriage or divorce has been effected by or between the parties, and also as to the identity of the parties; and, further, in the case of a person appearing as a guardian or a vakil, as to the right of that person to appear
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

If satisfied, registrar shall register

If the registrar is satisfied on the above points, and not otherwise, he or she shall make an entry of the marriage or divorce in the appropriate register

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “If satisfied, registrar shall register”.

“If the registrar is satisfied on the above points, and not otherwise, he or she shall make an entry of the marriage or divorce in the appropriate register”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. If the registrar is satisfied on the above points, and not otherwise, he or she shall make an entry of the marriage or divorce in the appropriate register
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

By whom registers must be signed

(1)

The entries in the appropriate registers shall be signed by the following persons-

(a)

in the case of a marriage, by the husband and wife or the guardians or vakil, as the case may be, and by two witnesses to the marriage;

(i)

other than of the kind known as Khula, by the man who has effected the divorce, the witness who identifies him and, if the man is of the Shiah Sect, by two witnesses to the divorce being effected; and

(ii)

of the kind known as Khula, by the man and woman, or by her vakil if she is a purdah- nisheen, parties to the divorce, by the persons identifying the man and woman and if the man is of the Shiah Sect, by two witnesses to the divorce being effected.

(2)

All the entries in the registers shall be signed by the registrar.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “By whom registers must be signed”.

“(1) The entries in the appropriate registers shall be signed by the following persons-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The entries in the appropriate registers shall be signed by the following persons-
  2. (a) in the case of a marriage, by the husband and wife or the guardians or vakil, as the case may be, and by two witnesses to the marriage;
  3. (i) other than of the kind known as Khula, by the man who has effected the divorce, the witness who identifies him and, if the man is of the Shiah Sect, by two witnesses to the divorce being effected; and
  4. (ii) of the kind known as Khula, by the man and woman, or by her vakil if she is a purdah- nisheen, parties to the divorce, by the persons identifying the man and woman and if the man is of the Shiah Sect, by two witnesses to the divorce being effected.
  5. (2) All the entries in the registers shall be signed by the registrar.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Free copies of entries to parties

On completion of the registration of any marriage or divorce the registrar shall deliver free of charge to each of the parties to the marriage or divorce an attested copy of the entry

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Free copies of entries to parties”.

“On completion of the registration of any marriage or divorce the registrar shall deliver free of charge to each of the parties to the marriage or divorce an attested copy of the entry”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. On completion of the registration of any marriage or divorce the registrar shall deliver free of charge to each of the parties to the marriage or divorce an attested copy of the entry
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Record of refusals to register

Every registrar refusing to register a marriage or divorce shall make an order of refusal, and record his or her reasons for the order in a book to be kept for that purpose

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Record of refusals to register”.

“Every registrar refusing to register a marriage or divorce shall make an order of refusal, and record his or her reasons for the order in a book to be kept for that purpose”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Every registrar refusing to register a marriage or divorce shall make an order of refusal, and record his or her reasons for the order in a book to be kept for that purpose
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Appeals from refusals

An appeal shall lie against an order made by a registrar under section 10 to the registrar of marriages of the district in which the registration was refused appointed under the Marriage Act, or to the registrar general of marriages so appointed (hereafter called the Registrar General), and the order made upon that appeal shall be final, and shall be communicated to the registrar who has refused to register, and who shall record it in the book mentioned in section 10 , and in the event of his or her order being reversed or altered he or she shall comply with the terms of the order

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Appeals from refusals”.

“An appeal shall lie against an order made by a registrar under section 10 to the registrar of marriages of the district in which the registration was refused appointed under the Marriage Act, or to the registrar general of marriages so appointed (hereafter called the Registrar General), and the order made upon that appeal shall be final, and shall be communicated to the registrar who has refused to register, and who shall record it in the book mentioned in section 10, and in the event of his or her order being…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An appeal shall lie against an order made by a registrar under section 10 to the registrar of marriages of the district in which the registration was refused appointed under the Marriage Act, or to the registrar general of marriages so appointed (hereafter called the Registrar General), and the order made upon that appeal shall be final, and shall be communicated to the registrar who has refused to register, and who shall record it in the book mentioned in section 10, and in the event of his or her order being reversed or altered he or she shall comply with the terms of the order
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 10 · Record of refusals to register Marriage Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Quarterly returns

Every registrar shall, at the expiration of every three months, send certified copies of all entries made by him or her during the preceding quarter in the registers and books, which he or she is required by this Act to keep, to the Registrar General, who shall file the copies in his or her office

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Quarterly returns”.

“Every registrar shall, at the expiration of every three months, send certified copies of all entries made by him or her during the preceding quarter in the registers and books, which he or she is required by this Act to keep, to the Registrar General, who shall file the copies in his or her office”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Every registrar shall, at the expiration of every three months, send certified copies of all entries made by him or her during the preceding quarter in the registers and books, which he or she is required by this Act to keep, to the Registrar General, who shall file the copies in his or her office
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Safe custody of returns and books, etc

Every registrar shall keep safely such registers and books until they shall be filled, and shall then, or earlier, if he or she leaves the limits of the area for which he or she is appointed or his or her appointment is revoked, forward them to the Registrar General or to such other person as the latter may direct.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Safe custody of returns and books, etc”.

“Every registrar shall keep safely such registers and books until they shall be filled, and shall then, or earlier, if he or she leaves the limits of the area for which he or she is appointed or his or her appointment is revoked, forward them to the Registrar General or to such other person as the latter may direct.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Every registrar shall keep safely such registers and books until they shall be filled, and shall then, or earlier, if he or she leaves the limits of the area for which he or she is appointed or his or her appointment is revoked, forward them to the Registrar General or to such other person as the latter may direct.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registers, etc. to be open for inspection, and copies to be obtainable

The registers, and the copies of the registers which are filed with the Registrar General, shall be open to inspection by any person applying to inspect them, and copies of any entry or of any certified copy of any entry shall be given to any person applying for the copy on the payment of a fee of two shillings

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Registers, etc. to be open for inspection, and copies to be obtainable”.

“The registers, and the copies of the registers which are filed with the Registrar General, shall be open to inspection by any person applying to inspect them, and copies of any entry or of any certified copy of any entry shall be given to any person applying for the copy on the payment of a fee of two shillings”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registers, and the copies of the registers which are filed with the Registrar General, shall be open to inspection by any person applying to inspect them, and copies of any entry or of any certified copy of any entry shall be given to any person applying for the copy on the payment of a fee of two shillings
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Rules

The Minister may from time to time make such rules as he or she thinks fit for carrying out the purposes of this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Rules”.

“The Minister may from time to time make such rules as he or she thinks fit for carrying out the purposes of this Act”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Minister may from time to time make such rules as he or she thinks fit for carrying out the purposes of this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Savings

Nothing in this Act shall be construed to (a) render invalid, merely by reason of its not having been registered, any Mohammedan marriage or divorce which would otherwise be valid;

(b)

render valid, by reason of its having been registered, any such marriage or divorce which would otherwise be invalid;

(c)

authorise the attendance of any registrar at the celebration of a marriage except at the request of all the parties concerned;

(d)

affect the religion or religious rites of any persons in Uganda;

(e)

prevent any person who is unable to write from putting his or her mark instead of the signature required by this Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Savings”.

“Nothing in this Act shall be construed to (a) render invalid, merely by reason of its not having been registered, any Mohammedan marriage or divorce which would otherwise be valid;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (b) render valid, by reason of its having been registered, any such marriage or divorce which would otherwise be invalid;
  2. (c) authorise the attendance of any registrar at the celebration of a marriage except at the request of all the parties concerned;
  3. (d) affect the religion or religious rites of any persons in Uganda;
  4. (e) prevent any person who is unable to write from putting his or her mark instead of the signature required by this Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Offences and penalties

Any person, who being required by this Act to apply for registration of a marriage or divorce, fails to make that application commits an offence and is liable on conviction to imprisonment for a period not exceeding one month and to a fine not exceeding two hundred shillings

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“Any person, who being required by this Act to apply for registration of a marriage or divorce, fails to make that application commits an offence and is liable on conviction to imprisonment for a period not exceeding one month and to a fine not exceeding two hundred shillings”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Jurisdiction in divorce cases

Nothing in the Divorce Act shall authorise the grant of any relief under that Act where the marriage of the parties has been declared valid under this Act; but nothing in this section shall prevent any competent court from granting relief under Mohammedan law; and the High Court and any court to which jurisdiction is specially given by the Minister by statutory instrument shall have jurisdiction for granting that relief Schedule (s. 4)

Forms

Form A

Book 1-Register of Marriages

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Jurisdiction in divorce cases”.

“Nothing in the Divorce Act shall authorise the grant of any relief under that Act where the marriage of the parties has been declared valid under this Act; but nothing in this section shall prevent any competent court from granting relief under Mohammedan law; and the High Court and any court to which jurisdiction is specially given by the Minister by statutory instrument shall have jurisdiction for granting that relief Schedule (s. 4)”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Nothing in the Divorce Act shall authorise the grant of any relief under that Act where the marriage of the parties has been declared valid under this Act; but nothing in this section shall prevent any competent court from granting relief under Mohammedan law; and the High Court and any court to which jurisdiction is specially given by the Minister by statutory instrument shall have jurisdiction for granting that relief Schedule (s. 4)
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
My reading of Section 18 of the Marriage and Divorce of Mohammedans Act is that whereas it empowers the Court to handle divorce matters under the Act, the law applicable in such cases must be Mohammedans law.
Nabawanuka v Makumbi (Divorce Cause No. 39 of 2011) [2013] UGHCFD 3 (13 February 2013)
[2013] UGHCFD 3 · High Court · 2013-02-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Divorce Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

1. Consecutive No _____________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Name and tribe of bridegroom and

that of his father, with their respective residences _______________________________

3. Name and tribe of the bride

and that of her father, with their respective residences ________________________________

4. Whether the bride is a spinster,

a widow or divorced by a former husband, and whether she is adult or otherwise ___________________________

5. Name of the guardian of the

bridegroom (if the bridegroom is a minor) and that of the guardian's father, with specification of the guardian's residence, and of the relationship in which the guardian stands to the bridegroom ________________________________________________

6. Name of the guardian of the

bride (if she is a minor) and that of the guardian's father, with specification of the guardian's residence, and the relationship in which the guardian stands to the bride _________________________________

7. Name of the bride's vakil, and

of the vakil's father, and their residences, with specification of the relationship in which the vakil stands to the bride __________________________________

8. Name of the witnesses to the

due authorisation of the bride's vakil, with names of their father and residences, and specification of the relationship in which they stand to the bride ________________________________________

9. Date on which the marriage was

contracted ____________________________________

10. Amount of dower ___________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

11. How much of the dower is Moajjul (prompt) and

how much Mowujjul (deferred) _________________________________

12. Whether any portion of the dower was paid at the moment

If so, how much? _________________________________

13. Whether any property was given in

lieu of the whole or any portion of the dower, with specification of the same __________________________

14. Special conditions, (if any) ___________________________________________________

___________________________________________________________

15. Names of village or town, and

the area in which the marriage took place _______________________________________________

16. Name of the person in whose

house the marriage ceremony took place, and that of the person's father _______________________________

17. Date of registration _____________________________________________

Form B

Book 2-Register of Divorces

1. Consecutive No. __________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Names and tribe of the husband

and his father, and their residences __________________________________

3. Names and tribe of the wife

and of her father, and their residences __________________________________

4. Date of divorce _____________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Description of divorce ____________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Manner in which the divorce was

effected ___________________________

7. Names of the village or town,

and area in which the divorce took place ________________________________

8. Name of the party in whose

house the divorce took place, and of that party's father _____________________________

9. Names of witnesses to the divorce (if any), the

names of their fathers and their respective residences _________________________

10. Name of the party identifying the husband before

the registrar, and that of the party's father, and their residences _________________

11. Date of registration _______________________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

12. If the divorce be a Khula,

the following particulars must be added (a) amount of dower _____________________________________________________

(b)

whether Khula was acknowledged by the wife in person before the registrar, and, if so, the name of the party identifying her before the registrar and that of the party's father and that of their residences, with the specification of the relationship the party bears to her (if any) ______________________________________________

(c)

if the Khula is acknowledged before the registrar by the wife's vakil, the vakil's name and the name of the vakil's father, and their residences, with specification of the relationship which the vakil bears to the wife (if any) _____________________________________________________

(d)

names of the two witnesses to the due authorisation of the wife's vakil, and those of their fathers, with their residences ______________________________________________

Original Laws of Uganda consolidation (as at 31 December 2000) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.