'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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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 inSaheeh
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 inSaheeh 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.
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