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Showing Marriage As Live-in Relationship To Avoid Divorce Complications
I asked this question previously but I did not convey properly the problem so the answer was not clear.
Question is; Let’s say someone wants to marry only 1 wife here in Europe, but the law is against the man most of the times and women these days are using it against men. If there is a divorce, which is high these days lets be honest , women are being inspired by feminists a lot! If someone wants to marry only 1 wife but not in the papers of government but according to islamic law like 4 witnesses and the minimum requirements. He does that but he lives with her according to the government papers as a couple like many Europeans do. That’s why they don’t marry because when there is divorce, the man gets in trouble and most of the time the men are in disadvantage. They have to pay half of their hard earned money to the women and the women can decide that even children would not see the father. So in these times of Fitnah, would it be OK just to marry her according to Islamic law with 4 witnesses her parents etc but in papers she is just living with you like a couple. Please clarify this for me because it is really hard for men in Europe even to get 1 wife and that 1 wife is most of the time later on a disaster , a trial if something goes wrong.
Thank you
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2 Replies
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Showing Marriage As Live-in Relationship To Avoid Divorce Complications
updated 1 year, 5 months ago
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Replies
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There are two points to address here:
1) What is Nikah:
Nikah is an open declaration of a contract by a man and a woman to live permanently as husband and wife. Therefore, the main objective is for the society (in general) to be aware of this fact that this couple has decided to live together as husband and wife. Including one or two close relatives as witnesses and conducting this ceremony secretly do not fulfil the requirements of Nikah and hence, Nikah would not be valid. For Nikah to be valid, it needs to be announced either through societal channels or through legal channels. In addition to this, all the legal requirements of a country where one is residing related to marriage registration must also be fulfilled.
Please see:
2) Secret Marriage Shown as live-in relationship to Law:
This involves not only deception but also violates the sanctity of the Institution of Marriage. One is free to relocate to another country with supportive laws if one wants to have multiple marriages or wants to avoid divorce laws and unfair distribution of assets in case of divorce.
Please see:
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The government intervenes when the matter is a public matter which affects others not just an individual and secondly when the case is brought to its notice. Personal matters are not public matters.
According to Islam, marriage is not a secret matter. If it is declared and the concerned community knows it, then it is ok. Formally only two witnesses are enough, but the news of the nikah should be known to the community concerned. In this way, it is a personal matter and lawful.
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