Lessons 3 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
3
The procedure and conditions of marriage
Textbook: pp. 14–18
GoalExplain the concept of marriage, the conditions and procedure for entering it and the circumstances that prevent it; know the current rule on marriageable age.
New words
marriage, a voluntary union of a man and a woman registered by the state · Nikohcivil registry office (fuqarolik holati dalolatnomalarini yozish organi) · FHDYo organimonogamy, being in only one registered marriage at a time · Yakka nikohthe minimum legal age for marriage · Nikoh yoshi
Explanation
Marriage is a voluntary, equal union of a man and a woman and gains legal force only when it is registered with the state at a civil registry office (FHDYo). A marriage made only through a religious ceremony does not create spouses’ legal rights and duties. To marry, both sides must freely consent and have reached the age of marriage; the textbook gives 18 for men and 17 for women, but since 2019 the current law sets 18 for both sexes. Marriage cannot be entered if one party is already in another registered marriage (the law allows only monogamy), if the parties are direct blood relatives, full or half brothers and sisters, or an adopter and an adopted child, or if one of them has been declared legally incapable by a court because of mental illness. Those intending to marry undergo a free medical examination in a state health institution, and forcing someone into marriage or marrying against the law may lead to administrative and criminal liability.
Worked examples
Practical example: a young couple has a wedding with only a religious ceremony and does not go to the registry office. In the eyes of the law they are not spouses: the marriage is unregistered, so the legal consequences of marriage for common property and parental rights do not arise.
An obstacle: Rustam, who is in a registered marriage, wants to marry a second time. The registry office will not register it, because a citizen can be in only one registered marriage at a time; entering a second marriage against the law may bring liability.
Class activity
“Registry office” game: the class splits in two. One group invents a short situation, the other plays the registry officer and says whether the marriage would be registered and why.
Practice
1
When does a marriage gain legal force?
When it is registered by the state at the civil registry office.
2
Name three circumstances that prevent marriage.
One party is in another registered marriage; the parties are direct relatives or brothers and sisters (including half-siblings); a court has declared one party incapable because of mental illness.
3
Dilnoza, 19, and Jasur, 18, applied to the registry office. Is their age sufficient for marriage? Which rule do you rely on?
Yes, the current marriageable age for both sexes is 18; both are 18 or older.
4
Why does the law forbid marriage between close relatives? Give two grounds.
Moral norms and medical-biological findings: marriage between close relatives raises the risk of hereditary illness in children.