STUDYING ISLAM

Court Marriage

Social Issues · · October 7, 2026

Question

I am faced with a dilemma. I would like to know whether having a court marriage instead of nikkah is illegal in Islam? I need a Mollana's advice on this? If one has court marriage is it recognized in Islam or not? Please help me, I need some advice and information on this in the our religion's context. I have searched high and low on the net but I can't find any maulana's address to whom I can write to? and please tell me that the father permission is must or not in islam? khuda hafiz, Mujeeb United States of America

Answer

The Islamic Shari`ah does not prohibit any two adult persons from entering the bonds of marriage. However there are certain conditions, which need to be met. First, the consent of both the male and the female partner is necessary. Second, the Nikah should be declared in the society and must not be kept hidden. The Qur'an guides us that the contract of Nikah should be undertaken in the manner that is recognized, supported and followed by the honorable and noble people of a society. Social norms usually demand a consent and backing from the parents. However, if a parent does not give the right of entering the bond of marriage to their children and shows excessive unfounded resistance then the matter may be dealt as the situation demands. One may, under such circumstances, turn to the court and make the marriage contract there. Nevertheless, the best course would be to do every effort to get the parents' consent so that the step of going to the court may be avoided. I hope this helps. Tariq Mahmood Hashmi November 13, 2002 Answer published by Tariq Mahmood Hashmi

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