Overcoming obstacles through hidden nuptial paths: Foreign Muslim purported spouses marrying in Italy

Abstract: Adopting the viewpoint suggested by Hidden Islam, this article offers a glimpse of some tortuous (partly) concealed nuptial paths followed by foreign Muslim intended spouses (regularly or irregularly) settled in Italy, and ponders whether Muslim spouses are rather ‘invisible’ to or ‘unseen’ by academia and state authorities. Moving away from Orientalist and ‘exceptionalist’ theories, the present essay touches on relevant socio-legal phenomena that remain largely a blind spot in previous publications. Relying upon field-collected data and focusing on the manners in which Muslim alien purported spouses overcome religious and legal obstacles when contracting (sharīʿah-compliant) marriages with civil effects on Italian soil, the proposed analysis discloses legal paradoxes and unveils manifold hidden strategies. Facing a dichotomic implementation of the right to marry, Italian Muslim communities and Muslim majority countries’ diplomatic premises may be impelled to creatively interpret state provisions, Islamic laws and Muslim norms. Strategically manoeuvring across diverse state legal systems and unveiling disguised loopholes; nonEuropean Muslim purported spouses can thus be regarded as validly married in compliance with Italian laws. Additionally, Muslim majority countries’ laws intended to impede interreligious nuptial unions, as well as domestic European state provisions aimed to tackle polygamous and sham marriages, can be skilfully managed selectively registering a (civil and/or sharīʿah-compliant) nuptial union in diverse legal systems.