Ask Ghamidi

A Community Driven Discussion Portal
To Ask, Answer, Share And Learn

Forums Forums Islam And Family Regarding Paper Marriage

Tagged: 

  • Regarding Paper Marriage

    Posted by Muhammad Hamza on September 6, 2024 at 11:35 pm

    I recently shifted to Spain and wants to get the papers.

    Usually what people do who do labour work or job here, they spend 3 years and then they allowed to have work visa and they spend 6 7 years on that here and then get the papers, you pay taxes from salary and u r only allowed to travel for 1 month ( holiday ) all these years.

    I totally earn online and if I follow this path, I will be just stuck here ( won’t be easy to travel anywhere more than one month ) and I have to pay taxes of a job that I am not earning from ( the work visa I got ).

    In all this paper marriage is the best way.

    Lawyer arranges a girl , you pay the money she demands, u just get marry on paper. You both don’t live together u don’t talk, and after 6 7 month u get permanent residency card.

    After 1 2 years? As decided through lawyer she divorce you!

    Sorry for bigger msg, just wanted to make situation clear.

    There is no point for me stucking here through work visa.

    And in this marriage, no one is betrayed neither the govt because its a legal process.

    She is being paid , and no Allah boundaries are broken( no sexual relation ).

    Muhammad Hamza replied 3 weeks, 4 days ago 5 Members · 16 Replies
  • 16 Replies
  • Regarding Paper Marriage

    Muhammad Hamza updated 3 weeks, 4 days ago 5 Members · 16 Replies
  • Ahsan

    Moderator September 6, 2024 at 11:48 pm

    Ghamidi sb considers any marriage without intention of permanent relationship forbidden. Also, paper marriage is a lie to decieve a state. Hence, it will not ab allowed in any case.
    Please see https://al-mawrid.org/questions-en/paper-marriage/#gsc.tab=0

    • Muhammad Hamza

      Member September 7, 2024 at 7:00 am

      I am not married. I am single,

      I won’t abide any boundary of Allah,

      I will pay her the money,

      So what’s wrong in doing it?

      People do marry others because of some majbori

      Like some father’s marry their girl when they are near death bed for security ( they maybe happy or not ) the marriage is established and she can get divorce later, In some cases people do nokkah for security and later they can divorce.

      If you are stuck somewhere , you are not betraying the girl, she knows that.

      Then what is morally wrong in it?

  • Ahsan

    Moderator September 7, 2024 at 10:31 am

    Paper marriage is lying and fraud meant to decieve a state. Long term consequences include harm to genuine cases. It is wrong at many level.

    As mentioned before, paper marriage is haram too as you dont fulfil the boundaries of nikah set by God.

    Islam is not based upon what others do. The principles are extracted from Quran o Sunah.

    I will request @Irfan76 sb to give his scholarly opinion just to be sure.

    • Muhammad Hamza

      Member September 7, 2024 at 5:45 pm

      I am really sorry jalal bhai

      I don’t know you are scholar or representative of al mawrid.

      But your way of telling is totally opposite.

      You are just saying it’s haram

      What haram this cause tell me?

      Is it deceiving? If 2 people marry for even 2 days 5 days or 50 years how it is deceiving a state?

      A state where they don’t have any problem if you don’t marry and live together for all years!

      So where is the deceiving part?

      The girl is deceived?

      No she knows and it’s her consent!

      You might sy it’s a way to legalise friendship!

      I say no! I feel nikkah like this for sure is not established and no sexual contact should be there and I won’t do.

      ( I agree nikkah is not established, but this is not even a nikkah )

      Is this haq talfi?

      Or is this shirk?

      Like on what basis you are calling a contract btw two people , the contract is totally legal, govt don’t care you stay marry 2 years or 2 decades or 2 days, they don’t even care u marry or not.

      No counter part is betrayed

      It’s not even nikkah

      It’s no sexual contract

      How in the world is this haram when all these things are there????

      Really sorry.

      And how is this even sinful?

    • Ahsan

      Moderator September 8, 2024 at 2:54 am

      I am no scholar just a student.

      Thatswhy i requested irfan sb for comment as he is a scholar of almawrid active on this platform.

      You can also register to ask ghamidi live session to get answer directly from Ghamidi sb

  • Nadeem

    Member September 7, 2024 at 4:31 pm

    I don’t know if it is right or wrong, but I am proposing another perspective to consider.

    In Allah’s laws there are not borders or restrictions on the movement of people. Having borders and restrictions are against Allah’s laws. If there are laws that go against Allah’s laws, we are not obligated to abide by those laws. To circumvent these laws why can’t we devise methods that do not directly harm any party? If we start considering indirect impact then all our actions right or wrong do impact many other people negatively and positively around the world. Just something to think about. The above is just a scenario for mental exercise.

    But, I do agree with scholars in this forum that a Muslim can’t somehow justify a wrongdoing (like all criminals do) in his mind and use deception and deceit to achieve a goal.

    I also believe that in Hamza’s case it will be a wrong doing to have a paper marriage, but it doesn’t seem like a serious sin.

    Perhaps in Hamza’s case it will be better for Hamza to show his trust and belief in Allah and believe that by doing the right thing, Allah will turn his future in this life and life afterwards in the right direction and overall he will be more happier and successful in the future by doing the right thing.

    Perhaps ask for Allah’s help in finding someone and having an honest marriage. Or perhaps Allah will open up another avenue for Hamza’s success.

    My prayers are with you Hamza.

    • Muhammad Hamza

      Member September 7, 2024 at 5:47 pm

      Jazakallah nadeem bhai

      I have my faith in Allah, that’s why before doing it I am consulting every school of thought, I do fear him. ( atleast I try to )

      I agree with u that it should not be a sin and I have mentioned my reasons in upper response to ahsan bhai.

      But the criteria of saying something haram is not even fulfilled.

      I would request u to read the upper response of mine and then I hope a honest feedback.

    • Nadeem

      Member September 8, 2024 at 7:04 am

      Brother Hamza. I read all posts and I agree with scholars that it is not a right thing to do for a higher category with higher morals Muslim. I also believe it is a minor sin.

      I know someone who performed paper marriage with his sister and brought her to the US as a wife. Wouldn’t that be a similar case as someone having paper marriage with a local woman?

      Brother Hamza check all other options before proceeding with this option.

  • Dr. Irfan Shahzad

    Scholar September 8, 2024 at 11:10 am

    Brother Hamza, it’s not appropriate to challenge the scholarly credentials of a moderator. Their role as a moderator indicates they possess sufficient knowledge to address questions. If you’re unsatisfied with an answer, you may request further clarification. I hope you will be careful next time.

    Regarding paper marriage, it’s a clear falsehood. Even if considered harmless or socially accepted, a lie remains a lie. The true essence of marriage involves a man and woman living together as husband and wife with the intention of a lifelong commitment. Therefore, contact marriage with an expiration date is not permissible.

    • Muhammad Hamza

      Member September 8, 2024 at 12:35 pm

      I am really sorry for my inappropriate and rude behaviour.

      I just caught up in the moment.

      Yesterday I beg sorry from adnan bhai in personal chat, I hope he has forgiven me for my rude behaviour.

      I am really embarrassed on my action and hope to correct it.

      I appreciate your answer.

      I want to add that I do agree with u that nikkah is not established. But having such a contract is it really a sin? Because one us not doing a nikkah , nor he will live with her,

  • Umer

    Moderator September 9, 2024 at 1:20 am

    Circumventing the law of a country via unfair and/or deceptive means is a sinful act. Paper marriage falls in this category.

    For comments of Ghamidi Sahab, Please refer to the video below from 22:58 to 27:04

    https://youtu.be/GRlx_z9mJhY?t=1378

    • Nadeem

      Member September 9, 2024 at 3:12 am

      Brother Umer. What if a country’s law is against Allah’s laws. For example, a person can’t marry a cousin or women can’t wear a hijab. Is circumventing these laws in a deceptive manner still a sin?

    • Umer

      Moderator September 9, 2024 at 9:14 pm

      Nadeem Minhas Sahab, I think two wrongs do not make one right.

      Whenever there is a law which, according to a Muslim, goes against his or her religious obligations, then using deception to circumvent that law is in itself a sin committed by that Muslim. The right ethical approach in such instances is to openly declare such laws as violation of one’s religious freedom and be ready to face the consequences as well if one chooses not to abide by such laws in a peaceful manner. An example would be how Muhammad Ali chose to face legal consequences when he denied being drafted for Vietnam war. Deception is only allowed in Iztirar i.e. when it becomes a matter of life or death for the person.

      Although wearing Hijab or Cousin Marriages do not fall in religious obligation category but that is a different debate. Also such laws also do not fall in the law making domain of the state and are a transgression on its part if made so without properly invoking its lawmaking jurisdiction.

    • Muhammad Hamza

      Member September 9, 2024 at 9:11 am

      The situation presented here by hassan ilyas shb is totally different than mine.

      He presented a situation where 2nd marriage is not allowed and u did that and is hiding it.

      If they found out there will be legal action.

      In my case its just marrying, if they found out there will be no legal action,

      My respected teachers,

      I am genuinely asking all this to understand the matter,

      I hope you will guide me well.

      On smuggling there can be legal action, but there is an area in the law where the government is allowing it and there is no legal action, then I don’t understand how is this deceiving a state?

      If the government has mentioned in the law, you must not marry for papers, but you do then its deceiving a state.

      My argument is simple that if the government knows you are doing it for this and then cannot take legal action against it definitely means they are allowing it.

      The question about morality of the act,

      One is not betraying the state because state is allowing this, one us not betraying the counter part. From religious point of view he knows its not nikkah so he does not indulge in an sexual act.

      Can you give me any other example like this where government law allows something ( morally that is not a bad thing ) and we say no it should not be done!

      I am just asking again because its not getting cleared to me.

    • Umer

      Moderator September 9, 2024 at 9:17 pm

      Hamza Sahab,

      This is a news to me that Spanish Government allows people to have paper marriages. As per my knowledge, governments are very strict in this matter and they do not consider paper marriages as legal marriages which are done to circumvent immigration laws. Such marriages are called sham marriages in legal jargon. Please have your information checked by a credible lawyer.

      And If this is really allowed by the Spanish government, there there is no deception or violation as far as relationship with the state is concernned. However, from a second religious viewpoint it is still a disliked act because a Muslim is using sacred name of Marriage or a ficticious marriage for personal gains, but the severity of this violation is less as compared to the first violation (if one is deceiving the state).

    • Muhammad Hamza

      Member September 9, 2024 at 11:49 pm

      I will surely check into it ( sham marriages )

      And if it is not allowed all concerns will be clear

      Jazakallah bhai

You must be logged in to reply.
Login | Register