Should A Person Who Had A Civil Marriage Ceremony Also Need To Have A Religious Marriage Ceremony?
Should a person who had a civil marriage ceremony also need to have a religious marriage ceremony?
In Islamic terms, nikah involves religiously eligible man’s and woman’s (or their representatives’) expression (offer and acception) of their consent to marry each other by uttering words that are intelligible enough to not to cause any speculation or objection in the presence of witnesses, such as “I marry you,” “I married you,” “I accept you as my spouse” (Ibn Nujaym, al-Bahr, III, 82-83). This marriage contract should not be concluded secretly but needs to be concluded to the knowledge of the own families and acquaintances of the people who are going to get married . Such civil marriage that is solemnized as a consequence of meeting all the requirements is also religiously binding. Answering the question of “Do you accept to marry?’’ asked by marriage officer at marriage offices in a civil marriage as ‘’Yes’’ or “Yes, I do” does not necessarily render this contract invalid. Because the fact that the nikah contract is a certain one is fixed by both official registration and presumption of presence before the witnesses and registral general of marriage.
The people who are going to marry may have a person of their choice perform nikah by reciting a part from the Holy Qur’an and making dua after the civil marriage, either in their house or in another suitable place. For sure, it is good to make dua for the newly established family’s bringing happiness and conducing to faithful and healthy generations. This also complies with Islamic custom. However, performing religious nikah without solemnizing civil nikah is not permissible in terms of protection of the rights of women and their children today. In this respect, Ottoman Family Law mandated to have a nikah registered by the Muslim judge of the city and the registration of nikah was insistently emphasised.
Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA
