Fatwa: # 43056
Category: Marriage (Nikah)
Country:
Date: 4th September 2019

Title

Will my marriage break, if I cancel my govt. recognised marriage registration without an intention of taking divorce for the sake of acquiring a visa?

Question

Asalam o alikum! Sir my husband is in abroad and in order to travel to him lawyers asked us to cancel our marriage registration in govt institution so that they’ll give me visa easily. Sir we are in desperate need and don’t want to get seperated as we love each other alot. I wanted to ask that if we cancel marriage certificate through legal process(which is an obvious mean) does it really cancel our nikkah? Or what islam says about our case... this cancellation is only to be done by desperate need and no other intentions of divorce.. we really need help kindly help us out in our case thanks

Answer

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

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

Sister in Islam,

A civil registered marriage can be cancelled only through the standard divorce proceedings.[i] A civil divorce will not constitute a Shar’i talaq if the husband did not intend talaq. Therefore, due to the genuine need of acquiring a visa, you may dissolve your marriage legally in a civil court. This will not constitute a Shar’i talaq.[ii] [iii] As a matter of precaution, you may make two people your witness before cancelling the civil marriage that the civil divorce procedure is adopted only for civil purposes and not to cancel the nikah according to Shariah.

And Allah Ta’āla Knows Best

Naved Akhtar Ibn Shabbir.

Student - Darul Iftaa

Shillong, India. 

Checked and Approved by,

Mufti Ebrahim Desai.

 

 


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[ii] و قال الشرواني: و شرط القاضي، أي من تصح توليته للقضاء (مسلم) لأن الكافر ليس أهلا للولاية و نصبه على مثله مجرد رئاسة لا تقليد حكم و قضاء، ومن ثم لا يلزمون بالتحاكم عنده و لا يلزمهم حكمه الا ان رضوا به (بحوث في قضايا فقهية معاصرة ج 2, ص 184) 

 

 

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