El matrimonio islamico y su reconocimiento por el derecho positivo del estado de chile segun la nueva ley de matrimonio civil

Abstract

The new civil marriage law introduces an innovation in making it possible to celebrate marriage before ministers of religious denominations acknowledged as legal entities in public law, whereby the bridegroom and bride, within eight days immediately after the religious ceremony, should ratify their matrimonial consent before any Registry Office officer. In some religious entities, the religious ceremony of marriages is subject to their own religious laws which, in specific cases, as under the Hebrew law, arise from the sacred texts proper; therefore, said regulations, being religious precepts at the same time, are juridical regulations that bind the members of a congregation. Not always, however, do the marriage models governed by religious regulations coincide with the marriage model governed by the Chilean civil law, as is the case of the Jewish faith. In this article, a detailed study of the marriage celebrated according to the Jewish community’s own regulations is presented; specificities contrasting with regulation of marriage in the Chilean substantive law are stressed; and solutions to the difference between the Hebrew marriages celebrated in Chile and those celebrated abroad are given.