Court marriage

Answered according to Hanafi Fiqh by Muftionline.co.za
Prev Question
Next Question

Q: I was told that a divorce in court is like a talaaq. There is no need for a separate talaaq. However if you make nikaah, is that valid or does one have to separately get married in court?


A: If the husband had instructed or consented to the court divorce then this will be valid. We do not know exactly how the court marriage takes place. If the right Islamic standards are followed in the presence of male adult Muslim witnesses and there was the iejaab and qubool and the boy is also of the kufu of the girl then the nikaah is valid.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.