Ibn Qudamah (may Allah have mercy on him) said in al-Mughni (9/346) about a marriage contract concluded without a guardian: Some scholars are of the opinion that when marriage is announced, there is no need for two witnesses to the marriage contract. Salam pls my husband had sex with another woman for more than 2 years, I continued to confront him about this problem and he refused to stop it. Now the girl finally has the country and her attempt to put things in order, but I feel like it`s because she`s not here now and not because he`s sorry or regrets it and honestly, because I`m tired of marriage, he pushes me away sexually when we`re there. And basically, the only reason I`m still on this wedding bus is because I`m not financially strong and I can`t stand my two children alone. Pls I need advice is what to do. If he has extramarital sex, then your marriage is no longer a marriage and you can divorce. If he had sex with another woman when you got married, the marriage is not valid and you can divorce. With regard to civil marriage, which is celebrated by a court that enforces man-made laws, when it is supposed to document and register the marriage, this is something that is necessary to protect people`s rights and prevent the manipulation of marriage. According to the court, the personal right would devolve to the Indian government. For a Muslim, in a non-Muslim country, it is haram in Islam to enter into a judicial marriage, especially if you live in a country like India that allows you to have a personal law. Is your marriage in trouble? Have the seemingly endless struggles and clashes led you into a dead end? Looking for a solution? One way to save your marriage is to consult a marriage counselor. If these conditions are met and the marriage contract is concluded with the proposal and acceptance by the guardian of the wife and the suitor, the marriage is valid.
Based on what we have noted above about all these negative consequences, the view that it is mandatory to register marriage is clearly valid. If he only married to gain a legal right to live in your country, your marriage is not valid and you can divorce. Hanafists believed that a marriage contracted without the woman`s guardian was valid, and some courts followed this view. In countries like India, where a citizen is allowed to follow his own personal law, as far as religion is concerned, as in India, we have a personal Muslim law. Regarding the registration of marriage with the government in order to protect the rights of both spouses and avoid disputes. If you renew the marriage contract with her, with her father acting as guardian in the marriage contract, in the presence of two witnesses of good character, it would be better and more prudent. In this case, it is very important that a Muslim does not enter into a courtly marriage. When you get married in India, the rule of Indian customary law applies, not Islamic law. In India, a Muslim would have to do nikka according to Sharia law, then register his niqab with the Indian government and say that these two people, male and female, were involved. But if you are going to have a marriage, in the Federal Court of India, then the law of the Indian court will apply, then that person cannot have more than one wife.
If the person died, the inheritance would be in accordance with Indian law and not Sharia law. Any marriage, divorce, inheritance, everything The majority of scholars are of the opinion – and this is the correct view – that a marriage contract concluded without a guardian is invalid because the Prophet (may Allah`s mercy and blessings of Allah be upon him) said: “Any woman who marries without the permission of her guardian, her marriage is invalid, Your marriage is invalid, their marriage is invalid. Narrated by at-Tirmidhi (1102), Abu Dawood (2038) and Ibn Maajah (1879) from the hadith of `Aa`ishah (may Allah be pleased with her). Classified as sahee by al-Albaani in Irwa` al-Ghaleel (1840). Who is the guardian of the marriage if there is no father? How do you treat your wife in Islam? Although many husbands and wives are failing right now and are on the fast track to divorce and its terrible consequences, there are many ways to get their marriage back on track. Here are some tips. But if the conditions of marriage are not met, or if it involves something that contradicts Sharia regarding divorce and so on, then it is not permissible to do so unless the marriage documentation cannot be done otherwise, or if the person has no choice but to do so. Abdalla Idris Ali is a member of ISNA`s executive body and former president of the organization. It adds dishonesty before marriage to the list of legitimate grounds for divorce. It was also narrated by al-Bayhaqi from the hadith of `Imran and `Aishah (may Allah be pleased with them) with the wording: “There is marriage only with one wali and two witnesses of good character.” Classified as saheeh by al-Albani in Sahih al-Jami` No. 7557.
What seems to us is that marriage registration is now mandatory because there are so many dishonest people and because people`s religious commitment is low, and because what results from the non-registration of marriage loses people`s rights, such as inheritance, the delayed part of the Mahr, maintenance and guardianship of the woman and her children. In addition, the husband may abuse and harm his wife and then refuse to divorce, leaving her suspended, unable to marry anyone else in accordance with Sharia law, and unable to refer the case to court to force her husband to divorce.
