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If I marry a man in an American court will it be considered marriage in Islam as well?

Answered according to Hanafi Fiqh by Askimam.org
Answer

A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past and/or present tense in
the presence of two male Muslim witnesses (Hidaaya vol. 2).

It is Sunnat that the marriage be announced and performed in the Masjid and
the bride be represented by her Mahram (father, brother, etc.). The bride
gives consent to her representative (Wakeel) in the presence of two witnesses
to perform her marriage at the Masjid. At the Masjid, the Wakeel represents
the bride in the presence of the two witnesses who must be trustworthy and
pious male Muslims. They should not be from among the girls ascendants e.g.
father, etc. nor from her descendants, e.g. son, etc.

Having said that, if the sister (attained puberty) wishes to represent
herself at the time and place of Nikah, then she may do so without a Wakeel.
This is according to the Hanafi Madhab – according to Shaaf’ee permission is
incumbent.

A marriage without the two witnesses is not valid. the relationship will be
illegal and Haraam.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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