Question on civil vs. religious marriage.

[yahyaTX]

Asalam alaykum brothers and sisters.

I am a 20 year old revert from the United States. I have a female friend who I, insha'Allah, plan to marry. I am very sure on this decision and have no doubts about it in my mind. My problem is that in the United States, a civil marriage costs money and requires a financial commitment from both families, and I am not sure that they will be willing to make this commitment due to our young age and due to us both being from non muslim families that would rather see us commit zina together for at least 10 years before becoming married (may Allah guide them). I am fine with holding off on the legal benefits of marriage, all I care about right now is making a commitment to her before Allah subhanu wa ta'ala and making her a part of my family in his eyes. Has anyone heard of a Muslim getting a marriage contract arranged before the civil marriage? Is this permissible? How would I get this performed? Thank you in advance for your advice. Allah knows best!

 

[MeGladder]

You and that sister should go to a Imam for the marriage. Here is a fatwa.

Is civil marriage permissible in Islam?.

Praise be to Allaah.

Marriage in Islam has essential “pillars” and conditions; if they are fulfilled then it is a valid marriage. The “pillars” are the proposal and acceptance. The proposal is where the woman’s wali (guardian) says: I give So and so (or my daughter or my sister) to you in marriage. Acceptance is when the man says: I accept marriage to So and so.

The conditions of marriage include: Naming the bride and groom, their consent, the contract being done by the wali or his deputy, and the presence of two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian).” Narrated by Abu Dawood (2085), al-Tirmidhi (1101), Ibn Majaah (1881), from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

It was also narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah (may Allaah be pleased with them) with the wording: “There is no marriage except with a wali and two witnesses of good character.” Classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 7557.

Some scholars are of the view that if the marriage is announced, then there is no need for two witnesses to the marriage contract.

With regard to civil marriage that is done in a court that implements man-made laws, if what is meant is documenting the marriage and recording it, then this is something that is required, so as to protect people’s rights and prevent tampering with marriage. But if the conditions of marriage are not met or it involves anything that is contrary to sharee’ah with regard to divorce and so on, then it is not permissible to do it, unless documentation of the marriage cannot be done otherwise, or if the person has no choice but to do it. In that case he can do the correct marriage contract according to sharee’ah in an Islamic centre, then do the civil marriage in the court, but he should resolve to refer to sharee’ah law in the event of any dispute, and to disavow himself of the false rituals that accompany the marriage contract in some countries. The Muslims who live in western countries should strive to have their marriages recorded officially in Islamic centres, with no need to go to the civil marriage office.

And Allaah knows best.

Islam Q&A

Source: http://islamqa.info/en/ref/113867


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[MeGladder]

:salam2:,

Here is another related fatwa.

Based on the view that his guardianship is not valid, then guardianship passes to the next closest male relative on the father’s side. The most qualified people to arrange a woman’s marriage after her father are: her grandfather, then her son, then her full brother, then a brother through the father, then his sons, then paternal uncles, then their sons, then the father’s paternal uncles, then the ruler (or qaadi – judge)


If you father refuses to arrange your marriage to one whom you like, then he is preventing your marriage, and guardianship passes to the next closest male relative on the father’s side, in the order that we have mentioned above. If they refuse to arrange your marriage, or if there are no relatives, then guardianship passes to the Islamic qaadi (judge), and his place is taken by the Islamic Centre in countries where there are no Islamic qaadis.

Source: http://islamqa.info/en/ref/36209
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