Civil marriage and its perils
Fatwa No: 47231

  • Fatwa Date:12-1-2014 - Rabee' Al-Awwal 11, 1435
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Question

What is civil marriage and what are its perils on the Muslim community? May Allaah Reward you.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

According to our knowledge, civil marriage means that the man and the woman go to a civil court with two witnesses and conclude the marriage contract in court, and thus the woman becomes the man’s wife, according to them.

Such a marriage is invalid according to the majority scholars; for it lacks the condition of the presence and consent of the bride’s guardian which they regarded as a vital condition of the validity of marriage in Islam. However, Imaam Abu Haneefah  may  Allaah  have  mercy  upon  him believed that such a marriage is valid, however, the guardian has the right to annual the marriage contract if the husband is incompetent. The preponderant opinion that is sustained by evidence is that of the majority of scholars.

The danger of civil marriage to the Muslim community is crystal clear for everyone; it is a call for going astray and maintaining illicit relationships among young people, and a call for Muslim girls to rebel against their parents, and many other obvious evil repercussions.

Allaah Knows best.

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