Does there have to be an islamic divorce if there was a civil marriage only?
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
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah (AskImam). It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.