The Harms of Customary Marriage and Violation of the Ruling of the One in Authority
Machine translationRead the Arabic original
Question:
Shaykh, regarding customary marriage, one of its harms is that it is usually, or rather must, be under the umbrella of the one in authority. It must be registered, so it becomes a violation of the one in authority’s regulations. For example, it might spread among people of a nationality that is not permitted to marry, under the state’s umbrella. Also, it might be contrary to the laws. In addition, one of its harms is that a woman might be married to four men in a customary marriage because it is not registered. This is the point I am concerned about.
Answer:
If the conditions of the marriage are met and its impediments are removed, it is valid in terms of the contract. As for the fact that other things follow from it which the state observes, that is not a matter of the validity of the contract, but rather a matter of violating the system of the one in authority, who intended to regulate marriages. So this is another impediment outside the issue of the contract. It is outside the issue of the contract; it is an impediment from the perspective of security, for example. So the marriage is valid, but it is prohibited by regulation because it disrupts security or disrupts matters that the one in authority observes. But we do not say that the marriage is invalid if its conditions are complete and its impediments are removed.
However, the one in authority may intervene and apply the regulatory rulings to it. There is no objection to him contracting the marriage twice, contracting it a second time with the regulatory controls, even if the first contract was with the Sharia controls. Yes.
Shaykh, regarding customary marriage, one of its harms is that it is usually, or rather must, be under the umbrella of the one in authority. It must be registered, so it becomes a violation of the one in authority’s regulations. For example, it might spread among people of a nationality that is not permitted to marry, under the state’s umbrella. Also, it might be contrary to the laws. In addition, one of its harms is that a woman might be married to four men in a customary marriage because it is not registered. This is the point I am concerned about.
Answer:
If the conditions of the marriage are met and its impediments are removed, it is valid in terms of the contract. As for the fact that other things follow from it which the state observes, that is not a matter of the validity of the contract, but rather a matter of violating the system of the one in authority, who intended to regulate marriages. So this is another impediment outside the issue of the contract. It is outside the issue of the contract; it is an impediment from the perspective of security, for example. So the marriage is valid, but it is prohibited by regulation because it disrupts security or disrupts matters that the one in authority observes. But we do not say that the marriage is invalid if its conditions are complete and its impediments are removed.
However, the one in authority may intervene and apply the regulatory rulings to it. There is no objection to him contracting the marriage twice, contracting it a second time with the regulatory controls, even if the first contract was with the Sharia controls. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-38-قضايا فقهية - 02|صالح الفوزان|العام|كبار العلماء — youtube.com (19:21)
The Arabic text is a machine transcription of the audio recording.
