Marriage Registration to a Married Woman for Papers

Marriage Registration to a Married Woman for Papers

Question
As-salamu `alaykum. I have a Muslim English friend who is married to a Muslim English man. They got married in the Islamic way but this marriage has not been registered in the registrar's office. Her husband has an Arab friend who wants to live in England. He has no other alternative to get permission to remain in England but to marry an English woman. The husband suggested that his wife marry his friend in the registrar's office. This has been done and witnessed. Is this marriage Islamically valid? Does it affect her first husband? Please answer this question, as this case occurs frequently in this country. ( Question By : Ayah - England)


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, thanks a lot for your question and the interest you show in having a clearer view of the true teachings of Islam. May Allah help you get the right understanding and stand firm on the straight path. Ameen.

Regarding your question, it should be clear that Muslims living in non-Muslim countries should abide by the laws of their countries. They should be good ambassadors of their religion and set examples for others in loyalty, honesty, truthfulness, etc. What those people have done is unacceptable and sinful. This marriage is void. Partners concerned should correct the situation and stop violating Shari`ah and laws of their countries.

Responding to the question in hand, the European Council for Fatwa and Research (FCFR-is a Dublin-based private foundation, founded in London at 29-30 March 1997 on the initiative of the Federation of Islamic Organizations in Europe, the European Council for Fatwa and Research (ECFR) is a largely self-selected body, composed by Islamic scholars, presided by world-renowned scholar Sheikh Yusuf Al-Qaradawi. ) issued the following fatwa:

The marriage contract entered into in the registrar's office is void. Consequently none of the rights of marriage can be based on it. All the results of it are null and those who entered into this marriage are delinquent and they have committed a sin. Whoever participated in facilitating or accomplishing this contract, while knowing that this lady is married, has taken part in this sin and violated the laws Allah has set. Allah stated among the prohibited marriages [Also (forbidden are) women already married ] (An-Nisaa' 4:24). Allah prohibits marrying a married woman.

Some people, due to their misunderstanding that a marriage contract entered into in the registrar's office is not valid, are negligent regarding this contract. They think that the marriage is only valid if entered into in a mosque or an Islamic center. This is wrong. Apart from the place, the marriage contract is valid provided the pillars and conditions are fulfilled. Had this woman not been married, that marriage contract entered into in the registrar's office would have been valid.

Since this contract is void, it should be cancelled as soon as possible. Again it should be cancelled as, since it is legitimate according to the civil laws, it may result in prohibited issues according to Islam. According to the civil laws this marriage is binding.

Needing permission to stay in a country cannot be used as an excuse to commit what is prohibited and violate the Shari`ah and the rights of others. Muslims are obliged to shun such issues based on deception and lies.