Zakir Naik – Is Court Marriage Legal in Islam

Zakir Naik
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In a Q&A session, Akil reminded the audience that most Muslims are not aware of the court marriages and that most Eastern European countries follow the same rules as Islamic countries. He also discussed the importance of following the Moore's Law in court cases and not doing a marriage in India, as it is illegal to do so. He also mentioned that in most Eastern European countries, the Moore's Law is followed in court cases.

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			The next question is from Akil Hussain from Lahore Pakistan,
		
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			is, quote, marriage legal or illegal according to the Islamic point of view,
		
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			if, quote, marriage legal or illegal upon Islamic point of view, depending upon which court you're
talking about, if it is an Islamic court, it's legal. If it's not Islamic court, it did not begin
Islamic Sharia. That is the reason. It is very important that most of the Muslims are not aware
about the court marriages. If you're living in Islamic country, which is ruled or governed by the
Islamic Sharia, then no problem in marrying in the court of that country. For example, it may be
Malaysia, it has Sharia law, you can follow it or it can be Saudi Arabia, or it can be any of the
Gulf countries where Islam is followed no problem at all. There are three types of countries one in
		
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			which Islam is the state religion, and the follow the Sharia, like the countries I mentioned,
second, can be a non Muslim country, but that non Muslim country gives you a permission to follow
the personal law of each particular citizen. For example, India, in India, every citizen of India
can follow his or her law as far as religion is concerned. As far as religious laws are concerned
talking about civil law, the criminal rights come in
		
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			India, the secular country, it's a democratic country, the citizen of India, irrespective whether is
a Muslim or a Christian or a Hindu, he can follow his personal law, it's called as the personal law.
As far as civil rights are concerned, in the criminal law you have common, then you have a third
type of country, like most of the Western countries, USA, Canada, UK, they're an individual citizen
is not allowed to follow the personal law based on the religion he has to follow the common civil
law. As I mentioned earlier, if Islamic country following the Islamic Sharia, during a court
marriage is permissible, it follows the Islamic Sharia no problem at all, or unique at home. And you
		
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			register as per the laws of the country.
		
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			In countries like India, where an individual citizen is allowed to follow his own personal law, as
far as religion is concerned, like in India, we have a Muslim personal law.
		
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			In this case, it is very important that a Muslim should not do court marriage. If you do court
marriage in India, the rule of the Indian government common law will apply not the Islamic law. So
in India, a Muslim should do nikka as per the Sharia, and then register his niqab with the Indian
government saying that these two people, man and woman there has been involved. But if you go and do
a marriage, in the Federal Court of India, then the law of Indian court will apply, then that person
cannot have more than one wife. If the person died, the inheritance would be according to the Indian
law, not according to the law of the Sharia. Everything marriage, divorce, inheritance, all the
		
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			person law would be according to the court, to the Indian government. So for a Muslim, in a non
Muslim country to do a court marriage is haram in Islam, especially for living in a country like
India, which permits you to have a personal law.
		
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			In this case, if you go out of the window court matters, it's totally Haram. It's as good as COVID
because you're rejecting the law of Islam which the country has given you permission to follow the
law of Quran and they say headed, and you're following the law of that country in civil matters is
totally wrong.
		
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			As far as living in the country where the personal law is not allowed to be followed. That place
also is better you do nikka even though the Islamic Sharia law, you'll not be able to follow better
donica as per the Islamic Sharia and then you can maybe registered or tell to the government that
you husband and wife that is sufficient for an Islamic country where Islamic law is followed
marrying in court is permissible. But in a non Muslim country. Code marriage is prohibited. Hope
that answers question