If a couple performs their marriage at an Islamic centre, they then could reconfirm it at the court. It is also recommended by scholars as a safeguard for both of them and to be recognized by national courts

Marriage with Islamic and Civil Contracts

Similar Questions 

· Confirming marriage at an Islamic centre and a court of law.
   · Performing a marriage contract for the second time.

The Issue

A couple perform their marriage at an Islamic centre, then they confirm their marriage at the relevant government department. 

Ruling

There is no harm in reconfirming the marriage at a court of law or a Registrar’s office after the marriage has been conducted at an Islamic centre. Indeed, a number of scholars recommend that in order to safeguard the rights of both parties, the couple should not perform their marriage only at the Islamic centre because the national courts may not recognize such a marriage. These scholars also recommend that the two contracts should specify the same conditions, as a precaution against future disputes.

 This ruling is endorsed by several authorities, including: 

In Decision 4/20 concerning ‘traditional marriage, the European Council for Fatwa and Researchsays:  
Having reviewed and discussed the question of traditional marriage the Council decides: First, traditional marriage means a marriage contract that fulfils all the essentials and conditions required in such contracts but is not documented or recorded by any official authority.

Secondly, the Council recommends that neither the traditional marriage nor the civil marriage is sufficient on its own, but both need to be performed. Performing just the traditional marriage may lead to some rights being lost due to the lack of registration and documentation of the marriage. On the other hand, civil marriage includes some disagreements with Islamic essentials and conditions and it may contain conditions that are contrary to Islamic law. 

Thirdly, having both traditional and civil contracts, without reconciling their effects and rules, may also create problems and in the case of any dispute, people may wish to apply one contract or the other. Therefore, the Council suggests that a committee of Islamic scholars and legal experts should draft a document to be attached to the civil contract. 

The Assembly of Muslim Jurists of America said in its final statement following its second conference, held in collaboration with the Muslim Association in Copenhagen, Denmark in 2004: ‘the civil marriage conducted by American official authorities does not fulfil some of the essentials and conditions of Islamic marriage. As such, it is invalid. However, if it takes place and is publicized, and is free of any aspect that prevents such a marriage from the Islamic point of view, it acquires all the results that are attendant on a proper Islamic marriage, because it is considered then a marriage with suspected flaws. Therefore, it should be reconfirmed by a further Islamic marriage contract in order to complete its essentials and conditions.’

Sources

· Islam Question and Answer: www.islamQA.info. 
   · Salim ibn Abd al-Ghani al-Rafie, Ahkam al-Ahwal al-Shakhsiyyah lil Muslimin fi al-Gharb. 
   · The website of the Assembly of Muslim Jurists of America (AMJA): www.amjaonline.org. 
   · The website of the European Council for Fatwa and Research: www.e-cfr.org.  
   · www.shubily.com.