Court and Islamic Marriages
Q: Is there any difference between Shar’i Nikah (Islamic marriage) and a Kanoni Nikha (court marriage)? Some one told me that the nikah which take place in court is Kanoni nikah but not shar’i. Nikah between an adult male and female took place in court. Now the parents of the male want to perform nikah (Shar’i Nikah) again with changes in the dowry. is it allowed?
A. Yes there is a difference between an Islamic Nikah and a court (Qaanooni) marriage. A court marriage does not make a man and woman husband and wife in Islam. This couple has to do a proper Shar’ee Nikah.
For them to become husband and wife, a proper Islamic Nikah has to be made and Mahr also has to be given to the wife.
It was not permissible to fulfil the ‘Haq Zaujiyat’ in this period because they were not husband and wife according to Islamic law. They should repent (make Taubah and Istighfaar) for this.
Moulana Yusuf Laher
Checked by: Mufti Siraj Desai