Darul Iftaa Mahmudiyyah

Does there have to be an islamic divorce if there was a civil marriage only?

· 25 Shawwal 1423 AH1 min readFatwa 7545English

Question

Salam, If two people got married because just to get visa permits, do they have to then get a proper islamic divorce. Please note there would be two muslim witnesses but not in a nikah form just in a western registry office. Jazakallah

Answer

In principle, the proposal and acceptance from the bride and bridegroom is not sufficient for the validity of a Shar?ee Nikah. The proposal and acceptance must be witnessed by two male witnesses or one male and two female witnesses.

If a civil marriage was contracted and was not in conformity to the Shari?ah laws of a valid Nikah, there is no need for divorce.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/7545
Fatawa SA: https://fatawa.co.za/fatwa/askimam-7545

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