Advice on marriage with a Shari'ah contract without civil registration
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. This questioner from outside this country says: It has become widespread among some of the brothers in our country, he says, that marriage is contracted with a Shari'ah contract but without a civil contract, and the law punishes this by imprisoning both parties. Also, the wife and her children do not obtain their rights there; the children are not registered under their father's name, and they do not inherit from him. He asks: What is your advice to these brothers?
Answer:
Our advice is that there is nothing wrong with the contract without registering it in the civil registry; the contract is valid. But if not registering it results in harm to him, to the woman, and to her children, he should register it. He should register it, praise be to Allah, to avert the harm. Yes.
Honorable Shaykh, may Allah grant you success. This questioner from outside this country says: It has become widespread among some of the brothers in our country, he says, that marriage is contracted with a Shari'ah contract but without a civil contract, and the law punishes this by imprisoning both parties. Also, the wife and her children do not obtain their rights there; the children are not registered under their father's name, and they do not inherit from him. He asks: What is your advice to these brothers?
Answer:
Our advice is that there is nothing wrong with the contract without registering it in the civil registry; the contract is valid. But if not registering it results in harm to him, to the woman, and to her children, he should register it. He should register it, praise be to Allah, to avert the harm. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب موقف الصبيان والنساء من الرجال — islamhouse.com (1:12:52)
The Arabic text is a machine transcription of the audio recording.