2

Salam,

There seems to be an issue I am discovering where when trying to find mosques who can perform a Nikah:

  • they want witnesses (understandable).
  • they want a civil wedding certificate first
  • they don't have a form available to fill or take their time in getting back and never do get back!

The problem is, I don't have any Muslim friends or relatives who are nearby who can be witnesses. Furthermore, I wouldn't want a civil marriage first to get a certificate in order to then do a Nikah. Some Mosques also take their time in terms of getting back and providing a form for the Nikah or you have to wait 3 months+!

I am wondering is there an alternative to perform a Nikah which will be accepted Islamically and correctly?

  • 1
    Most of those requirements are to ensure that your nikah is also considered a legal marriage within your country. Skipping them would mean you're unlikely to be eligible for any of the benefits a legally married couple would enjoy, even if it's still considered Islamically acceptable. – goldPseudo Aug 20 '16 at 23:14
  • Good point. The country however does not recognize an Islamic marriage unless you have a civil wedding. – Ahmed ilyas Aug 20 '16 at 23:26
  • :) Unfortunately not the case brother :) – Ahmed ilyas Aug 22 '16 at 8:30
  • @Ahmedilyas by "those requirements" he means requirement of civil wedding and you said "they want a civil wedding certificate first", so why do you say "not the case"? – qdinar Jul 22 '17 at 6:27
  • important addition by @Ahmedilyas in a comment to an answer: "The bride does not have wali (they all passed away) and her side of the family are non muslims except for her as she is a Muslim revert. " – qdinar Jul 22 '17 at 6:34
0

First of all if you are living in a non-Mulsim country you are asked as a Muslim to follow the rules of the country and follow your shari'a too.

This means if for a marriage a civil marriage is necessary than this would be your first step you should do. Marry your girl a civil marriage, you both know that this isn't a legal marriage according Islam, but a needed step (I know of Mulsim countries accepting such a certificate) as even there you usually would need witnesses. For example: One of my sisters lately got married in Denmark and the register office provided two old ladies as witnesses (but there were enough Muslim witnesses too). Once this is done you should go to the mosque and show them the certificate and ask them if they could provide witnesses!

For an nikah that is accepted you need the following:

  • Bride and Bridegroom
  • A guardian for the lady (or an agent of the guardian), if she doesn't have the Imam of the mosque should be asked to play this role (this means he wouldn't count as witness) (needed because of this hadith and see also this one).
  • Two (Muslim male) witnesses (or equivalent: for each man two women) (based on 2:282 as nikah is a kind of contract).

    ... And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. ...

    there's also a hadith in Musnad Ahmad saying:

    “There is no marriage except with a Waly, and two witnesses. The marriage is void otherwise. If they conflict, the Sultan is the Waly for whomever there is no Waly.”

  • Specify a mahr or sadaq (4:4)

    And give the women [upon marriage] their [bridal] gifts graciously. ...

Note that for the nikah to be valid the guardian must give his accordance to marry the woman he is in charge of to the bridegrooom, and the bride must confirm this at least.
So as you see there's no legal way to perform nikah yourself.

  • A scribe whom writes the contract is optional, as it could be one of the others. – Medi1Saif Aug 22 '16 at 8:44
  • "as you see there's no legal way to perform nikah yourself" - i do not see – qdinar Jul 22 '17 at 6:21
  • requirements set by mosques can be of no value / have no juridic strength in country law system. – qdinar Jul 22 '17 at 6:23
  • @qidnar from most of your posts and comments it seems to me that you barely understand English as you keep asking about things that are clearly explained. The proposed solution from my post is get a legal paper from the non-Muslim authorities first then get married in mosque it is work around to live together in a halal relationship – Medi1Saif Jul 22 '17 at 7:12
  • your answer is based on assumption "if for a marriage a civil marriage is necessary". but it may be not so. as i know most european countries allow marriage without any legal procedures or religious procedures. – qdinar Jul 22 '17 at 7:22
1

You can marry in a Registrar Office as an official wedding according to your country. Sorry I am from India. here one can marry in Registrar office where government gives you the official certificate to your marriage. But according to Islam's law. There should be a witness from the Bride's side like father or guardian, who accepts the marriage. In Islam, Marriage is a life-time contract between the bride and the groom. There is no specific way to do a Muslim's marriage taught by Prophet Muhammed(pbuh). You can just Marry with the Bride's full acceptance and the Bride's side witness. But this type of marriage doesn't accepted by the government. So you should favor the Government by your country's law.

And the Groom should give the Bride her Money (Mahar) --Qur'aan 4:4

And the Goorm should give a Feast (Valimaa) in His money.

And the Marriage should be very simple.

  • The problem is, the 2 people only want a Nikah - not a civil ceremony/marriage. The bride does not have wali (they all passed away) and her side of the family are non muslims except for her as she is a Muslim revert. – Ahmed ilyas Aug 21 '16 at 10:32
  • Yeah you can marry her. the bride's acceptance is must. If the Bride accept to marry you you can marry her – Hell Hater Aug 21 '16 at 15:42
  • This is NOT what I am asking.... Please re-read and understand the question. – Ahmed ilyas Aug 21 '16 at 17:08
  • @Ahmedilyas i think if her relatives are passed away, some local imam should be a wali... so, maybe, you cannot marry except in a mosque... – qdinar Jul 22 '17 at 6:33

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.