Subject : Marriage Contract is Valid if Concluded by a Muslim Judge

Fatwa Number : 483

Date : 02-02-2010

Classified : Pillars of marriage

Fatwa Type : Search Fatawaa

Question :

A man proposed to me while I was working in one of the Arab countries. Having work engagements, I couldn`t go to my home country, so he went to my father and they agreed on everything. Thus, my father managed to issue a marriage by proxy certificate in my name. Nevertheless, the marriage didn`t take place for reasons I am not at liberty to tell. Later on, another man proposed to me and since I feared falling into Zina we got married using that same certificate and we lived together as man and wife for several months. We left to my country, he met my father and asked for my hand in marriage, and they agreed on everything. This had actually happened several years ago and now we have five children. It is worth pointing that I got pregnant before informing my family about my marriage. Is our marriage valid? In addition, is my first daughter a legitimate child?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

If the marriage contract was concluded by a Muslim judge then the couple aren`t sinful and the contract is valid although the woman`s guardian (Wali) wasn`t present as he lives in another country. In this case, the judge becomes the guardian of the woman.

In case the marriage was unregistered (Urfi marriage), then it is invalid, and this man woman relation is unlawful. Therefore, they must repent immediately and conclude a valid marriage contract in Sharia court. This sin is the result of following Satan`s footsteps, as reflected in the following verse: "O ye who believe! follow not Satan’s footsteps: if any will follow the footsteps of Satan, he will (but) command what is shameful and wrong: and were it not for the grace and mercy of God on you, not one of you would ever have been pure: but God doth purify whom He pleases: and God is One Who hears and knows (all things)." {An-Nour, 21}. And Allah The Almighty Knows Best.

Comments

Name *	*
E. mail Address *	**
Country	--- Select Country --- Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Congo Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holland Honduras Hungary Iceland India Indonesia Iran Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Korea Kuwait Kyrgyzstan Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Romania Russia Rwanda Saint Kitts and Nevis Saint Lucia Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syrian Arab Republic Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States of America Uruguay Uzbekistan Vanuatu Vatican Venezuela Viet Nam Yemen Zambia Zimbabwe
Comment Title *	*
Comment *	*
	*Enter the number shown on the image *
	Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.