Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Can a marriage be legal/halal between two consenting adults (age25 above) even without the permission of the girl`s parents? Is it allowed in Islam to have a civil wedding done by a judge rather than that of an Imam in an islamic rite? 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Is Civil marriage accepted in Islam ?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Islam has guided the children to obey their parents, consult and take their approval for marriage; and have guided the parents to be understanding and merciful towards their children. Neither is it encouraged that the parents marry their children against their will; nor is it encouraged that the children marry without the consent and approval of their parents.

Although it is not encouraged for the believers to have a civil marriage in preference to an Islamic Nikaah; if one has had a civil marriage and the following conditions of marriage have been met, the marriage will be deemed legal and valid in the sight of Shariah:

The amount of ‘mehr’ is determined.

Proposal by the man, and acceptance by the girl.

Two witnesses to the marriage contract.

If the above three conditions are met, it does not really matter who does the actual marriage ceremony; the marriage will be deemed legal and valid in Islam.

Some scholars are of the opinion that the girl must be given away by a ‘wali’ or Guardian (normally her father, brother, uncle, etc.) as a fourth condition; but most scholars do not agree that it is an obligatory condition of the marriage.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan