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What is the Islamic View on Court Weddings? - Islam for Muslims - Nairaland

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What is the Islamic View on Court Weddings? by lekzy007(m): 8:07pm On Nov 27, 2012
Salam alaekum,
I heard people arguing over the issue of court wedding and the relegion take on it..I really want to know if islam support couples going for court wedding...quaranic quotation are also welcome
Ma salam.

3 Likes

Re: What is the Islamic View on Court Weddings? by deols(f): 8:41pm On Nov 27, 2012
Interested in what people have 2 say
Re: What is the Islamic View on Court Weddings? by Nobody: 10:45pm On Nov 27, 2012
deols: Interested in what people have 2 say

me too
Re: What is the Islamic View on Court Weddings? by lekzy007(m): 11:08pm On Nov 27, 2012
plz mod help send this topic to fp for opinions.
Re: What is the Islamic View on Court Weddings? by tbaba1234: 6:46am On Nov 28, 2012
I think we have to be careful when asking for religious opinions. If one provides an opinion from his desires or wishes without evidence then that person can misguide many.

On Civil marriages, this response is from Islamqa:

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.

12 Likes

Re: What is the Islamic View on Court Weddings? by deols(f): 8:30am On Nov 28, 2012
The above is really good.

Many Nigerians who have court marriages also have the Nikkah. So they eventually meet all the Islamic requirements for narriage.

Going to the court goes beyond documentation by Nigerians. Many see it as d way to become the legal wife. In case he dies,they get his property.

The law also makes her the only wife and if he marries another woman,he wld face a jail term. Even though it is said that no one was ever convicted in Lagos state.

To what Islam might say. A marriage contract in Islam can include that he marries her only but to attach a jail term would be unIslamic. She doesnt also get all he left as there are stipulations on how a man's property is 2 be shared. So,again, it is wrong.

In ess3nce,all that I know many people hope to benefit from going to the court may not be there after all if they want to live an Islamic life.

3 Likes

Re: What is the Islamic View on Court Weddings? by acidtalk: 10:30am On Nov 28, 2012
Anything Outside Nikiah is HARAM (Forbidden) and Bidiah (modernization)

1 Like

Re: What is the Islamic View on Court Weddings? by maclatunji: 10:35am On Nov 28, 2012
acidtalk: Anything Outside Nikiah is HARAM (Forbidden) and Bidiah (modernization)

What is your source for arriving at this conclusion?
Re: What is the Islamic View on Court Weddings? by jigawatts(m): 10:36am On Nov 28, 2012
OKAY... I have something to add on this.

For other countries, there are court weddings that are in respect to the laws of your religion.

An 'ordinary' court wedding might state that : 'the wife u are marrying, will be your ONLY wife' .... Obviously, that will go against the teaching of Islam that allows you to marry more than one wife.

An 'ordinary' court wedding might also talk about property sharing: this also goes against the tenets of Islam because Islam has a specific way of 'Property sharing' ...

Other countries have noticed these contradictions, so they alredi av a standard way of mixing the govt part with the religious part, and the certificate will serve its full purposes.... eg travelling, job placement, VISA etc

Moreova, the conditions of Marriage in Islam and Court marriage are also a bit different ........... COURT MARRIAGES MIGHT NOT REQUIRE ALL THE CONDITIONS REQUIRED BY ISLAM FOR MARRIAGES.

Assuming we have a good structure in Nigeria that allows Court Marriages to be implemented according to the laws of eachother's religion.... Then, we wont have a problem......
GOD HELP US.
Re: What is the Islamic View on Court Weddings? by acidtalk: 10:53am On Nov 28, 2012
maclatunji:

What is your source for arriving at this conclusion?
Allah is the All Mighty All Knower and every single knowledge, Law or Intellect HE wanted man to practice and know have been passed to the Holy Quran or through the Hadith and Sunnah of The Holy Prophet. No where did Allah Prescribe or permit any other form of marriage aside Nikkiah.

The Court marriage is Man made law but that of Islamic (Nikkiah) is ALLAH's own Laws.

Don't forget Allah forbids all sins except shirk (associating partners with him) going for a court marriage is as good as also putting the marriage under the laws and supervision of man.

3 Likes

Re: What is the Islamic View on Court Weddings? by kaytytty: 10:59am On Nov 28, 2012
salam we re in a democracy and d law of d land is supreme

1 Like

Re: What is the Islamic View on Court Weddings? by floriana(m): 11:00am On Nov 28, 2012
Moslems are allowed/free/commanded/compelled to marry four wives. Court weddings allows one valid marriage. So court weddings are not for moslems unless those willing to do 20 yrs term behind bars. Period!
Re: What is the Islamic View on Court Weddings? by acidtalk: 11:01am On Nov 28, 2012
kaytytty: salam we re in a democracy and d law of d land is supreme

Read the thread topic again. They said Islamic View and not the supremacy of the laws of a land.

1 Like

Re: What is the Islamic View on Court Weddings? by Frostyzone(m): 11:06am On Nov 28, 2012
acidtalk: going for a court marriage is as good as also putting the marriage under the laws and supervision of man.
Hello, we are in the 21st century. Stop thinking like a cave man.

4 Likes

Re: What is the Islamic View on Court Weddings? by deols(f): 11:09am On Nov 28, 2012
acidtalk: Anything Outside Nikiah is HARAM (Forbidden) and Bidiah (modernization)

If u mean premarital and extra marital affairs,u are right. Anything outside Nikkah is haram and a bid'ah(innovation).


Note. Bid'ah doesnt mean modernisation
Re: What is the Islamic View on Court Weddings? by deols(f): 11:14am On Nov 28, 2012
Frostyzone:
Hello, we are in the 21st century. Stop thinking like a cave man.

Not thinking like a cave man should mean that u bring intellectualism into d discourse and not that calaiming to be in d 21st century make u modern.

acidtalk:
Allah is the All Mighty All Knower and every single knowledge, Law or Intellect HE wanted man to practice and know have been passed to the Holy Quran or through the Hadith and Sunnah of The Holy Prophet. No where did Allah Prescribe or permit any other form of marriage aside Nikkiah.

The Court marriage is Man made law but that of Islamic (Nikkiah) is ALLAH's own Laws.

Don't forget Allah forbids all sins except shirk (associating partners with him) going for a court marriage is as good as also putting the marriage under the laws and supervision of man.

Actually,everything is allowed or else otherwise stated. That is d reason many pple ask questions.

3 Likes

Re: What is the Islamic View on Court Weddings? by siddiq202(m): 11:15am On Nov 28, 2012
acidtalk: Anything Outside Nikiah is HARAM (Forbidden) and Bidiah (modernization)
yes you are right anything outside Nikkah is HARAM but read what tbaba1234 culled from Islamqa
Re: What is the Islamic View on Court Weddings? by 2nedo(m): 11:20am On Nov 28, 2012
acidtalk: Anything Outside Nikiah is HARAM (Forbidden) and Bidiah (modernization)
so u know biddah,are u a muslim?
Re: What is the Islamic View on Court Weddings? by nusirat(m): 11:22am On Nov 28, 2012
Court marriage is not permissible under islamic injunction, so far two of you are muslim, and follow the sunaah Of Prophet Muhammad, PBHM, also there is surah which say let believer married believer and Adulterer marries Adulteress, if this is follow you will not need to go court before you trust each other, also court marriage revolve round the property sharing which has already taking care by Quran.

1 Like

Re: What is the Islamic View on Court Weddings? by Frostyzone(m): 11:23am On Nov 28, 2012
deols:

Not thinking like a cave man should mean that u bring intellectualism into d discourse and not that calaiming to be in d 21st century make u modern.
WTF did you just wrote?! No matter how much I tried, I can't seem to be able to decipher your gibberish.
Re: What is the Islamic View on Court Weddings? by Adamo84(m): 11:25am On Nov 28, 2012
kaytytty: salam we re in a democracy and d law of d land is supreme
The law of the Land also recognises the Shariah as we all know. So, where are you coming from?

1 Like

Re: What is the Islamic View on Court Weddings? by acidtalk: 11:39am On Nov 28, 2012
Frostyzone:
Hello, we are in the 21st century. Stop thinking like a cave man.

You can NEVER modernize, upgrade or adjust the Laws of Allah irrespective of what millenium, century or generation.


Allah's laws cannot be comapred or adjusted to mix with man made laws.

4 Likes

Re: What is the Islamic View on Court Weddings? by acidtalk: 11:44am On Nov 28, 2012
nusirat: Court marriage is not permissible under islamic injunction, so far two of you are muslim, and follow the sunaah Of Prophet Muhammad, PBHM, also there is surah which say let believer married believer and Adulterer marries Adulteress, if this is follow you will not need to go court before you trust each other, also court marriage revolve round the property sharing which has already taking care by Quran.

Surat Nur, Nisa, Muminun, Bakara best explain this question.
Re: What is the Islamic View on Court Weddings? by ossyme(m): 11:56am On Nov 28, 2012
If there are Sharia courts that you can have this , this will be the best in order to avoid a tumultous or ruinous tommorrow if a genuine need arise for a second wife.

@deols & mac,salaam!
Re: What is the Islamic View on Court Weddings? by goodest11: 12:04pm On Nov 28, 2012
Bismilahi rahaman rahim
Plz let us note as written by i of d contributor,dat Marriage is a good thing 4both man $ Woman in islam, The holy Prohet (S.W.A)Said u hv nt complete ur Religion untill u take a wife / husband.Marriage is an honourable thin before Allah,EnglishCourt marriage emaniate frm d English legal law, prescribing conditions and terms in case of divorce,forbiden d either of d partner to take a anoder wyf or husband y still married.
The holy Quran stated that one of the most un-honourable thin before Allah is 'DIVORCE' Allah dislike it bt then outline conditions 4 divorce,Nikkai is a legal marriage requiring witnessess frm both side of the family fot the sake of life here $ hereafter.
Bt today a lot us has taken goin to court to mean part of marriage that must be done.so dat my husband WILL NT MARRY anoder wife or the family of my husband will nt hv rite over his property incase of death.when u do dis, u hv contravened d Islamic jurispudent.
In islam a Man is allow to marry up to 4 wives provided he can adequately take care of them $ be just among them,family member has d rite to deceaced inheritance(there is sharing formula 4 dat)in islam.this are d primary reason 4 goin to court in our society.Marriage is convenant btw Man & Woman and Almigthy Allah,even if one party denied Allah will not.dats for geniue marriage

1 Like

Re: What is the Islamic View on Court Weddings? by Nobody: 12:53pm On Nov 28, 2012
Muslims living in the West should be careful. They should realise that their Sharia marriage laws are second to the laws of those countries.


You cant marry more than one wife and if your wife or husband takes you to court, a sharia court cant appeal the judgement of the court

2 Likes

Re: What is the Islamic View on Court Weddings? by Anvaller: 1:09pm On Nov 28, 2012
goodest11: Bismilahi rahaman rahim
Plz let us note as written by i of d contributor,dat Marriage is a good thing 4both man $ Woman in islam, The holy Prohet (S.W.A)Said u hv nt complete ur Religion untill u take a wife / husband.Marriage is an honourable thin before Allah,EnglishCourt marriage emaniate frm d English legal law, prescribing conditions and terms in case of divorce,forbiden d either of d partner to take a anoder wyf or husband y still married.
The holy Quran stated that one of the most un-honourable thin before Allah is 'DIVORCE' Allah dislike it bt then outline conditions 4 divorce,Nikkai is a legal marriage requiring witnessess frm both side of the family fot the sake of life here $ hereafter.
Bt today a lot us has taken goin to court to mean part of marriage that must be done.so dat my husband WILL NT MARRY anoder wife or the family of my husband will nt hv rite over his property incase of death.when u do dis, u hv contravened d Islamic jurispudent.
In islam a Man is allow to marry up to 4 wives provided he can adequately take care of them $ be just among them,family member has d rite to deceaced inheritance(there is sharing formula 4 dat)in islam.this are d primary reason 4 goin to court in our society.Marriage is convenant btw Man & Woman and Almigthy Allah,even if one party denied Allah will not.dats for geniue marriage

[b]Hey heeey heeey stop there dude... U see there is a big problem if I look at 90% of we muslims of the world and what we have turned Islam to. It is really disheartening. Who told u that A muslim man is permitted to marry 4 wives? Have you not been brainwashed into misunderstanding the intention of God almighty in the verse where he was giving instruction only to custodians of orphans in the Quran? And even at that, conditions were still attached and that "...if the pressure of taking care of the orphans would be too much for you, you may marry 2 or 3 or 4" in principle, to have mother figures for them and that would be depending on the number of orphan u have adopted. Now, are you a custodian of orphan? or can u point to any other verse in the Quran that gives express permission for u to do so apart from that that I have mentioned here? Why are u not referring to numerous other verses in the Quran that actually discourages hurting our wives? how many wives are not hurt when their husbands arbitrarily go marry another wives?

Since u are not particularly laying ur claim on the basis of Hadith I would leave it at this but if u do so then I would handle this argument from that perspective.

To refer to the OP's question, do not bother yourself too much, what u have to do is look deep into the Quran and see what are the provisions from God to get married as a muslim, you would find out that it is very simple and unambiguous. I could have stated the verses here but I want you to do it yourself. Whatever you have seen is what u have to do if u would follow the path of God. Now for some elaborate sense, because of the desire of we humans to do things elaborately even if its unnecessary, many muslim friends and relatives would present you with different rules of a muslim marriage, well, do not discard them but rather, u may tabulate those rules against what the God decreed in the Quran and any one that aligns with what u have in the Quran, u may accept and adopt it and any one that goes against what God decreed in the Quran should be discarded completely. Otherwise, you would end doing some practice which is not of God but wrongly attributed to God. At that, u have transgressed. Be aware!!! If many muslims do certain thing that u disagree with based on ur new understanding from ur findings in the Quran, it shouldn't bother you for God did not ask you to believe in muslims but Islam. The path to true ISLAM is solely in the Quran and when u follow it sincerely, u are a muslim.[/b]

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Re: What is the Islamic View on Court Weddings? by maclatunji: 1:29pm On Nov 28, 2012
ossyme: If there are Sharia courts that you can have this , this will be the best in order to avoid a tumultous or ruinous tommorrow if a genuine need arise for a second wife.

@deols & mac,salaam!

Wa Alaykum Salam.

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