I`m not married yet, but just curious, it`s more of a legal issue, do you know if it`s legal to marry under Sharia law, but not to register it in the western country where you live (Canada for me)? What are the advantages and disadvantages? “What we are seeing is the outsourcing of family justice to irresponsible, fundamentalist-inspired community systems of religious arbitration. It is not a question of recognizing religious marriages; The State must guarantee equality before the law. Regulations vary from state to state and if the couple is trying to legally marry in their home state, they must take the necessary steps to do so. We can perform marriages according to the regulations of that particular state. Let us help you decide if a civil or nikah wedding is the best option for your international wedding to be approved. The Supreme Court ruled that the Akhter-Khan marriage “was concluded in violation of certain requirements for the formation of marriage. It is therefore a nullity of the marriage and the wife is entitled to a judgment of annulment. Why don`t you want to register it? You don`t want someone to dictate your marriage, but you accept that they dictate the taxes you pay, how you get an education, and where you can live? About 1.9 billion Muslims follow the beautiful tradition of Nikah for marriage. However, some prefer to perform a civil marriage because it is much easier for everyone, even if you marry non-Muslims. Home » Hanafi Fiqh » Askimam.org » Do We Need a Legal Marriage Certificate at Nikah`s Ceremony for Nikah`s Ceremony to be valid? In general, the wali is usually the father of the bride.
The Wali is responsible for ensuring the well-being of his daughter in all aspects of her life, including marriage. (If the father cannot be present for reasons of comfort, there are exceptions to the rule. Do not hesitate to contact us to discuss further). I would like to know if it is possible to have a Nikah ceremony without the legal marriage contract. My fiancé©, who recently converted to Islam, and I want to have the Islamic Nikah first, and then have a legal wedding ceremony once we earn enough money to afford it. I understand that we are not seen as weakened by the court, but our parents and we think that a nikah would be better when planning a full legal marriage. The Court of Appeal had “upheld existing concepts of what constitutes a legal marriage. The law does not keep pace with society in these cases. These vulnerable women need better protection than the current law. The Nikah is performed by one of our officials. We provide both male and female civil servants.
Islamic marriages are not valid under English law, the Court of Appeal ruled, a blow to thousands of Muslim women who have no rights to divorce. The majority therefore advise better registration of marriage, but no one gives reasons for this, except vague answers. I discovered that it is not illegal not to register the marriage. People have said that the government cannot apply Sharia law, but I don`t see how that is relevant because they cannot apply Sharia law even if it is registered. If you have a child with someone, the laws are the same whether you are legally married or not. Second, people said that even if you do not register, the government will recognize marriage (common-law relationship), but common-law marriages do not have the same laws as civil marriages in most provinces (except British Columbia), because the division of property in the event of separation does not apply to common-law marriages. But it seems that common-law unions enjoy the same tax benefits as civil marriages. A virtual Nikah is not something that took place in the time of the Prophet صلى الله عليه وسلم or the first jurists. When problems arose, they tended to revolve around the above requirements, not the environment. So, if a couple can ensure that the above conditions are met, then nothing prevents them from a healthy Sharia marriage. Sheikh Yusuf Qaradawi expressed this when asked, “Are Internet marriages valid?” He said, “Yes, if the conditions are met.” It is important to note that the majority of jurists, including Hanafis and Malkis, allow a blind witness to testify to the validity of the marriage. The actual marriage of the couple is therefore not a contractual condition.
It is enough for one person to hear it and know both parts of the couple for them to testify to their bond. The legality of virtual nikahs is further strengthened in the face of COVID-19, as it is a type of difficulty that makes Sharia work and allows for alternative means. But making an Islamic wedding just to make it easier to divorce isn`t really promising. It is possible that people do nikah and civilians first at a later date, such as after a few months or when they are far away at the beginning and do not really live together. Covid19 can also cause this. It is best to hurry to register the marriage at the first opportunity, and to strive to do so in order to ward off suspicion and protect people`s rights, especially when Allah blesses you with children. A 2017 survey found that almost all Muslim women married in the UK had a nikah and almost two-thirds did not have a separate civil marriage. Three family judges on the Court of Appeal concluded that upholding the Supreme Court`s decision would “seriously diminish the value of the marriage registration system on which so much depends in a modern community.” He added: “It is not difficult for parties who want to be legally married to obtain this status.” He is literally required by law to pay taxes. It is not legally mandatory to register your Islamic marriages under Western law.
Some are mandatory and some are not. You will not go to jail or be fined if you espouse an Islam and not under the country. Marriage registration and documentation are done only to protect people`s rights and avoid disputes. In other words, the marriage certificate is required by law for Nikah to be executed and recognized by MA. If you don`t have a marriage license, you can still have a nikah based on Islamic tradition/fiqh, but you will have to perform a “court wedding” after getting the license – and the legal date of your marriage would be that wedding date in court. Muslims who like to hold religious ceremonies in Islamic states exchange vows through Nikah.