The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Is there any possibility of the nikkah contract having any requirements related to a civil marriage, or are they completely independent and i can have my nikkah without my family ever knowing about my civil marriage?

Q:

Salaams.
I received a marriage proposal four months ago, and i was pleased with the proposal. My parents, however, were only willing to agree to the proposal on the basis that i finish my medical school studies,which is two years from now .On the boy’s side however, cannot wait that long. With a lot of effort, and after many months, I somehow managed to convince my parents to agree to having the wedding as soon as possible. In the midst of the process, I participated in a civil marriage with my partner, without anyone from my family knowing about this. This was done due to the reason being that
– At that time, my father was still against my marriage, and i had fear that by trying to convince him, he may have taken a drastic step against me, and could have taken legal action against my partner. (Since my father is capable of such an act). So as a matter of precaution, i took this step. However, i do not yet share a husband wife relationship with my partner, since a civil marriage is not a nikkah.
– Alhamdulillah, my father has finally agreed to give me consent to this marriage. Now, my only fear is if he should find out that i have participated in a court marriage without his knowledge. So my question is, is there any possibility of the nikkah contract having any requirements related to a civil marriage, or are they completely independent and i can have my nikkah without my family ever knowing about my civil marriage?
I hope my question is clear.

A:

Waalaykum salam
Thank you for your question.

According to Islamic laws, a girl who is non-consummated is not allowed to have her nikah recited without the consent of her wali , that is, Father and or paternal grandfather. The nikah will be void.

In your case however, since the nikah was not recited, then it does not apply to you. And civil marriage is not considered as an Islamic law marriage. But again, it is not permissible to have any relation with a non-Mahram, even if it means that you did not have any physical relation with him.

I am not sure about your country’s Nikah certificate. Usually, all citizens are to register their marriage in their countries.

Hope this was useful
regards,
S.S.Shabbar