Fatwa: # 42083
Category: Marriage (Nikah)
Country:
Date: 15th March 2019

Title

Would an invalid marriage by secular law nullify an Islamic marriage?

Question

If a marriage would be considered valid under the Islamic law but is forbidden by secular civil law would that marriage be considered valid or invalid?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Islamic marriage (Nikah) will be valid even if it is not valid in civil law. [1]

And Allah Ta’āla Knows Best

Aboobakr Siddeeq bin Mufti Amjad Mohammad

Student Darul Iftaa

Azaadville, Johannesburg, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 


[1]  رد المحتار - ط. بابي الحلبي (3/ 3)

 العقد مجموع إيجاب أحد المتكلمين مع قبول الآخر

درر الحكام شرح غرر الأحكام (4/ 40)

( وَيَنْعَقِدُ ) النِّكَاحُ أَيْ يَحْصُلُ وَيَتَحَقَّقُ ( بِإِيجَابٍ وَقَبُولٍ )

فتاوى دار العلوم زكريا  (4/ 274)

فتاوى قاسمية  (16/ 198)

 

 

 

• The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•  Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

• This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]