The Scottish System

In Scotland effecting a legal marriage is governed by the Marriage (Scotland) Act 1977. Scotland accepts that religious marriage ceremonies vary greatly and as such, only seek to ensure the following two conditions^[228] are met:

A declaration by the parties, in the presence of each other, the celebrant^[229] and two witnesses, that they either accept each other as husband and wife or accept each other in marriage, or make both declarations; and

A declaration by the celebrant, after the foregoing declaration, that the par­ties are then husband and wife or are then married, or make both declarations.

There is no legally prescribed form of words to be used in relation to ‘mar­riage vows'. The ceremony may be conducted in either English or any other language so long as all the parties, including the celebrant can understand the language, with the services of a translator if required. There are no restrictions as to place of solemnisation, so private homes are included, as are outdoor venues. Registration formalities are handled by the celebrant performing the marriage.

The Scottish system is flexible and open-ended, the nikah ceremony under this mechanism need not be amended yet it would still satisfy the legal bur­den as well as the faith requirements, according the wishes and beliefs of the parties.

The English mechanism of obtaining the relevant registration to solem­nise marriages has been said to be complex and often difficult to obtain. The Scottish system not only offers a three year licence to members of almost all faith and belief groups to become their own celebrants, it also offers a tempo­rary registration system,4² allowing essentially anyone who is considered fit and proper,4³ from a recognised faith group to apply and solemnise a marriage. Perhaps the most interesting factor in this system is the uptake of registration. It is not surprising to see the vast majority of those holding such registration are those from the non-Church of Scotland group, however it is telling to see that seven per cent of all registrations are held by those of the Islamic faith groups. Compare this figure to the number, or lack thereof re mosques in England and Wales that are registered for the solemnisation of marriage, and it is clear to see this celebrant based system is has been well received.44

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