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I would just like to know what the view of the Ulama is regarding Civil marriages. As it is based on Christian and secular ideologies and the rights…

Answered according to Hanafi Fiqh by Askimam.org

Assalamuliakum,

 

I would just like to know what the view of the Ulama is regarding Civil marriages. As it is based on Christian and secular ideologies and the rights and laws are not of that which would be in Nikah (such as divorce/inheritance/dowry/rights). My biggest concern is that although a civil marriage can be undertaken as Nikah (as you require a mediator, 2 sane witness and the couple) the divorce laws are very different. i.e. Islam only allows the husband to give talaaaq (unless Islamic jurists rule for any valid reason in favour for the wife).

 

Civil law allows ‘any’ partner to submit for divorce proceedings at ‘any’ time which some Ulama believe nullifies Nikah. So there is a conflict of shariah law and civil law. My question is that if it is not required to gain access to the country i.e. the husband wife are both citizens of the same country and also knowing the Civil/secular/Christian based law rules will govern the marriage even if we assume Islamic law prevails and civil law disregarded – should Civil marriage be undertaken voluntarily? And can it be deemed haraam?

 

I would appreciate your urgency in this matter.

Jazaikair.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

As a principle, a Muslim marriage will always be governed by the Islāmic Law. However, at times it becomes necessary to register a Muslim marriage under civil law to overcome legalities and other related issues. In such instances, it will be permissible to undertake a civil marriage, though the actual marriage would still be governed by the Islāmic Law.

And Allah knows best

Wassalamu Alaikum

Ml. Talha Desai,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

 

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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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