Muslim Marriage vs. Civil Marriage

[MissPuchiCampos]

Assalamu Alaikum Sisters! In America in order to be legally recognized by the government as husband and wife, we need to go to city hall and get a license. After that we have the ceremony. In Islam, is this necessary? Do you recommend it?

I think when I marry I would like to have an Islamic marriage and not a Civil one. I just don't find it necessary to get a license. To me what is more important is the joining together of myself and my husband in front of Allah. I have 2 questions. The first question would be if I marry Islamically, may I still change my last name to mu husband's as right now I still have my ex husband's last name. Also, if a divorce should ever occur, how would the courts handle child support or spousal support? Would it be looked at as a couple that had a family and never married?

Thanks =D

[stllove1]

Jadsmummy: is this the same if I got married in Palestine, but we signed a marriage certificate at the courthouse there. But when we came back to the states, we never got a state marriage license. I've been told: "The US recognizes all legal marriages done in another country. You would be entitled to your fair share of the marital assets (and be responsible for your fair share of the marital debts) in a divorce and custody issues would be no different for you than for anyone else. If he dies and you are his beneficiary you would still get the life insurance etc.

Please forgive me if I mean totally something else.

[jadsmummy]

Quoting stllove1:

Jadsmummy: is this the same if I got married in Palestine, but we signed a marriage certificate at the courthouse there. But when we came back to the states, we never got a state marriage license. I've been told: "The US recognizes all legal marriages done in another country. You would be entitled to your fair share of the marital assets (and be responsible for your fair share of the marital debts) in a divorce and custody issues would be no different for you than for anyone else. If he dies and you are his beneficiary you would still get the life insurance etc.

Please forgive me if I mean totally something else.

Salam Alikom,

If you were LEGALLY married in Palestine then your marriage would be recognized by the US government.

[Sunshinebee2]

Getting legally married gives u certain rights like tax rights or seeing then in the hospital

[jadsmummy]

So you are saying that if a couple is ONLY religiously married and NOT legally married and they walk into a divorce court with an Islamic marriage contract its valid because that is not true. At least 2 states have passed laws specifically banning Islamic Law and as a law student you should know that the American system of law is the only system of law legally recognizable. If a couple attempts to walk into a divorce court with only an Islamic marriage contract never having been legally married it means as much as the paper its printed on. Even with a legal marriage getting a divorce an Islamic marriage contract doesn't mean much if anything. Both sides can agree to follow it when dissolving the marriage but its easily contestable just as a standard prenup is contestable. Bottom line, an Islamic marriage contract doesn't mean anything if your not legally married and then its iffy.

Quoting Hani_Mommy:

I know you mean well. However as a student of American Law I must say that this is no longer truth. The courts will honor Islamic marriage as a contract. In a separation or divorce the contract follows the same as as dissolving a formal legal marriage. Yes, it's more complicated, legally, but the outcome is the same. Sometimes it can even be better because certain things are more established in the contract. Such as custody and child support.

Quoting jadsmummy:

Salam Alikom,

This is actually a subject that I am very passionate about. As Muslims we are to follow the law of the land where we live. I have heard several different sheiks and imams on this topic and all of them said that you need to have a license and make your marriage legal. I DO NOT recommend not making your marriage legal within the US court system. You live in the USA you will have the intention to BE MARRIED you should abide by the law and make it legal. Unless your polygamist but that's a whole other kettle of fish. If you do not make your marriage legal 1. you have NO RIGHT to any of the assets of the marriage EVEN you maher! Even property you contributed half to if it isn't in your name. Your Islamic marriage contract is just paper. 2. a Muslim women should not take her husband's last name she should ALWAYS keep her maiden name. 3. You will get zero alimony aka spousal support zip, nada, zilch, not a penny you are not married. 4. when it comes to the children it can get complicated and it can get messy OR if something happens to either of you. 5. When it comes to inheritance and benefits if one of you passes away it will be extremely complicated if your not married financially and when it comes to the children of the marriage. 6. if something happens to your spouse and serious medical decisions must be made on their behalf you can't your not legally married.

Bottom line, if you want to be married to someone Islamically get married legally also. The only people I know who don't get legally married are polygamists or are doing something haram and abusing the welfare system in the USA. We live in the USA we should follow the laws of the land. Getting married is a big commitment and if your ready to make the commitment in front of Allah swt to take that person as your spouse making the commitment on paper legally should happen also.

[Hani_Mommy]

Quoting jadsmummy:

It then falls under contract law. The court up holds the contract. Courts will even uphold unwritten contracts of marriage, but that's a whole other topic!