Is Court Marriage Legal in Islam

Zakir Naik


Channel: Zakir Naik

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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