Is the statement of one who says: "If a man contracts a marriage with a woman and does not have it certified in the German court, then the contract is invalid"—is his statement correct according to the Shari'ah?
Machine translationRead the Arabic original
The questioner : I mean, she is now married, and the third question is also about marriage.
The Shaykh : Yes.
The questioner : There are brothers in Germany, perhaps you know them, who issued a fatwa stating that one who marries with a Shari'ah contract without certification in the German municipality has an invalid marriage.
The Shaykh : I seek refuge in Allah, I seek refuge in Allah. Do you think this certification in the German municipality is more authentic than the certification in the Shari'ah court?
The questioner : They say that there is no Shari'ah court here, so to guarantee material rights.
The Shaykh : No problem, no problem. You do not go beyond others; you deviate from the answer.
The questioner: Okay
The Shaykh : Ah, what is the answer?
The questioner : When the brothers spoke to me.
The Shaykh : Do not deviate a second time, do not deviate a second time. Answer the question, or may Allah have mercy on the question.
The questioner : No, I am with you.
The Shaykh : Yes, give me an answer so that you know how to speak to people and convince them, these who issue fatwas without knowledge.
The questioner : Yes.
The Shaykh : The saying of the Messenger (peace and blessings be upon him) applies to them: So that you can first manage to convince these people, and if they are not convinced, then at least to establish the argument against them second.
The questioner : Yes.
The Shaykh : So you must answer my question: Is the certification of this contract in the German municipality more authentic, or in the Shari'ah court? In all Islamic countries, there is no doubt that the answer is: No, the certification of the contract in the Shari'ah courts is more authentic.
The questioner : Yes, correct.
The Shaykh : Is that not so?
The questioner : Yes.
The Shaykh : Well, if the Shari'ah contract is performed in Germany and not certified in the German municipality, how can it be said that this contract is invalid? And if in an Islamic country this Shari'ah contract is performed and not contracted in the Shari'ah court or the Shari'ah judiciary, its contract is valid. But we return to what you started answering with, which is a known thing: Why is the Shari'ah contract now registered in the judiciary? It is to preserve rights, because, unfortunately, the religious deterrent that was known before no longer remains among Muslims. So the word "I have married you to your wife" and so on, if it is not recorded on paper, it is recorded in the hearts. So the same cause they mention there, namely certification in the German municipality to preserve rights, likewise here it is registered in the Shari'ah judiciary to preserve rights. But this and that does not mean that if it is not recorded there or here, the Shari'ah contract remains invalid.
The questioner : Yes.
The Shaykh: This is what I wanted to clarify.
The questioner : Excuse me.
The Shaykh : Please go ahead.
The questioner : They say in some Arab countries, or they claim that in most Arab countries now, the scholars issue fatwas that the contract not registered in official departments is not valid.
The Shaykh : No one says this, and no Muslim can say this. And if we suppose that a speaker said this, we say to them in the language of the Qur'an:[Al-Baqarah 2:111]
AThe questioner : Yes, may Allah reward you with good.
The Shaykh : My brother, its answer is known to you, if Allah wills.
The questioner : I mean, I answered, but I asked for reassurance. May Allah reward you with good.
The Shaykh : And may Allah reward you with good.
The Shaykh : Yes.
The questioner : There are brothers in Germany, perhaps you know them, who issued a fatwa stating that one who marries with a Shari'ah contract without certification in the German municipality has an invalid marriage.
The Shaykh : I seek refuge in Allah, I seek refuge in Allah. Do you think this certification in the German municipality is more authentic than the certification in the Shari'ah court?
The questioner : They say that there is no Shari'ah court here, so to guarantee material rights.
The Shaykh : No problem, no problem. You do not go beyond others; you deviate from the answer.
The questioner: Okay
The Shaykh : Ah, what is the answer?
The questioner : When the brothers spoke to me.
The Shaykh : Do not deviate a second time, do not deviate a second time. Answer the question, or may Allah have mercy on the question.
The questioner : No, I am with you.
The Shaykh : Yes, give me an answer so that you know how to speak to people and convince them, these who issue fatwas without knowledge.
The questioner : Yes.
The Shaykh : The saying of the Messenger (peace and blessings be upon him) applies to them:
Indeed, Allah does not take away knowledge by taking it away from the hearts of the scholars, but He takes away knowledge by taking away the scholars, until when He leaves no scholar, the people take ignorant heads, and they are asked, so they issue fatwas without knowledge, and they go astray and mislead others.
إن الله لا ينتزع العلم انتزاعا من صدور العلماء و لكنه يقبض العلم بقبض العلماء حتى إذا لم يبقي عالما اتخذ الناس رؤوسا جهلا فسئلوا فأفتوا بغير علم فضلوا و أضلواThe questioner : Yes.
The Shaykh : So you must answer my question: Is the certification of this contract in the German municipality more authentic, or in the Shari'ah court? In all Islamic countries, there is no doubt that the answer is: No, the certification of the contract in the Shari'ah courts is more authentic.
The questioner : Yes, correct.
The Shaykh : Is that not so?
The questioner : Yes.
The Shaykh : Well, if the Shari'ah contract is performed in Germany and not certified in the German municipality, how can it be said that this contract is invalid? And if in an Islamic country this Shari'ah contract is performed and not contracted in the Shari'ah court or the Shari'ah judiciary, its contract is valid. But we return to what you started answering with, which is a known thing: Why is the Shari'ah contract now registered in the judiciary? It is to preserve rights, because, unfortunately, the religious deterrent that was known before no longer remains among Muslims. So the word "I have married you to your wife" and so on, if it is not recorded on paper, it is recorded in the hearts. So the same cause they mention there, namely certification in the German municipality to preserve rights, likewise here it is registered in the Shari'ah judiciary to preserve rights. But this and that does not mean that if it is not recorded there or here, the Shari'ah contract remains invalid.
The questioner : Yes.
The Shaykh: This is what I wanted to clarify.
The questioner : Excuse me.
The Shaykh : Please go ahead.
The questioner : They say in some Arab countries, or they claim that in most Arab countries now, the scholars issue fatwas that the contract not registered in official departments is not valid.
The Shaykh : No one says this, and no Muslim can say this. And if we suppose that a speaker said this, we say to them in the language of the Qur'an:
Produce your proof, if you should be truthful."
هاتوا برهانكم إن كنتم صادقينAThe questioner : Yes, may Allah reward you with good.
The Shaykh : My brother, its answer is known to you, if Allah wills.
The questioner : I mean, I answered, but I asked for reassurance. May Allah reward you with good.
The Shaykh : And may Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.