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Court Marriage Before Nikha In US
This is my first ever question to Sir J. A. Ghamidi. The question is if one has court marriage before the Nikha and decides not to go thru with the Nikha, is that person considers married under Islam. I have heard from some religious people that, yes, that person is considered married under Islam. The other religious view is that, no, because the Islamic vows were not exchanged, no haq maher was decided upon, the guardian never blessed him or her, and so on.
What is the best way to end that marriage under Islam ( not under court) if it is considered as happened under Islam.
Please provide JAG’s view.
Shukria
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3 Replies
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Court Marriage Before Nikha In US
updated 3 years, 5 months ago
3 Members
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Replies
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Kindly refer to this thread
Discussion 40554 -
If a legal marriage has publicly taken place with the consent of the bride and the groom then it’s considered a valid nikah. The requirement of guardian (wali) and the khutba of nikah are considered the ‘aadab’. These are highly recommended but are not absolute requirements. Mahar on the other hand is a requirement and it should be determined before the legal ceremony takes place.
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If the marriage is not consummated, then there is no iddat (waiting period) for the wife. Other than that the divorce procedure remains the same.
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