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Marriage question

Posted by on Apr. 23, 2013 at 12:32 AM
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Moms I have a question? In any way Can i get married in a masjid without the proof of a court marriage or I have to have a court marriage first before the Islamic one?

Thank you :)
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by on Apr. 23, 2013 at 12:32 AM
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proud2bmom3 Group Owner
by on Apr. 23, 2013 at 3:38 AM
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Assalamu alaikum

I don't really know for sure, but I guess it depends on your masjid.. because I now there are women who entered a co-wife situation  ( multiple marriage) in the States, and since it is illegal to have a polygamous marriage, they would not be able to have a court contract. so they get married at the masjid alone. 

and though a masjid marriage is not against the law. but a little note, forgive me, having a civil marriage guarantees your rights . should your  husband God forbid Die, or divorce you with children ( God forbid) you will have legal grounds. unless he draws up a will..etc.  I dont' know what to tell you.. I'm sorry if I am rambling or offending you. it's just that I have seen so many situations go sideways . may your life be one of joy and harmony. 

Sorry if I wasn't much help. to know for sure, call your imam and see what the policy of your masjid is. Best wishes. I leave you in the trusted care of  Allah

Love and salaam (peace)

 (proud2bmom3 Muslim Moms-- Owner. 

abdatmommy
by on Apr. 23, 2013 at 7:32 AM
Assalamu'alaikum.. From my personal experience I did not have to have a court marriage for my marriage to be recognized and legal. My first marriage I married in Jordan. Before coming back to the US I had my marriage certificate translated. If you marry out of the country you just have to research online & see if the US recognizes that particular place as having valid marriages. Some do not. Now. When I remarried I married in a masjid in MS. If the masjid is licensed to perform the marriage in your state you just have to bring your marriage certificate to city hall and they will give you a marriage license. The imam was actually getting his license # after my husband and I married but we were obviously married in Islam. So when I moved to live with my husband I spoke to the imam in the masjid where we lived and explained the situation and he performed the marriage again for the sole purpose of giving me a valid certificate so that I could obtain a marriage license recognized in this country.
I hope that all made sense and didn't confuse you more Inshaa'Allah. Salaam.
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-Cassandra-
by on Apr. 23, 2013 at 9:48 AM

I actually used to be an interfainth minister and performed weddings and stuff for people.  You can have just an Islamic wedding and it can be done at the mosque (or even by some people with enough knowledge of Islamic marriage who can come to your home or another location).  However not all mosques or imams/sheikhs are willing to perform only an Islamic marriage.  This is because while it is binding to a believing Muslim it has no real jurisdiction by a US court (I don't know about UK or any other countries rules there).  If you live in a state that rcognizes common law marriages than your afforded a little more protection legally but anything before that kicks in means your rights as a wife or divorcing would not be protected.  You cannot file joint taxes, you cannot be put on each others health plans ect... you will not get the legal benefit (or risk as in the case for some couples who choose this method) of a legal marrage.  You do not need to apply or register with your county or state to have the Islamic marriage.  These are not required unless you are seeking to be Islamically married.  You just have to make sure you know going into this that in almost every case you cannot seek any legal recourse with this type of marriage.

If your planning on getting both you do not need to have the legal before hand you can do the Islamic one first then the court or you can do the court than Islamic.  Of course if your going the legal route it would be best to just get the marriage permit (if required by your stated there may be a waiting period before it's issued in my state that is 2 weeks in the state next to us it's same day) and then go to a mosque that has someone who is licensed so that you don't have to possibly pay for two marriages since some mosques may charge a fee just as church ministers generally do.  In that case the pricing usually ranges between $150-$300 for most ministers.  I always charged less for people who I know didn't have much money (I usually asked $75 if I knew they could afford it and for some I barted services or did it for free.  I've only been to 2 Islamic weddings (they were legal as well) but I didn't ask how much if anything they were charged.

jeweldragons
by on Apr. 23, 2013 at 1:12 PM
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I advise you to get both.  Nikkah is not legal or recognized in U.S.  that I am aware of.  We got our court marriage certificate December 2006 but got our nikkah which we consider our anniversary  October 2006.  If you don't get the court certificate you'll be seen as 'boyfriend'/'girlfriend' under U.S. law.  We just went to the courthouse to get it done. 

-Cassandra-
by on Apr. 23, 2013 at 3:02 PM

I just want to clarify the Nikkah is not illegal in the US it just isn't recognized for legal or taxation purposes.  It is okay and acceptable but it is important to recognize you will not be able to seek many rights and experience the legal protections provided by recognized legal marriages.  The only exception to that being if you are in a state that recognizes common law marriage you can after being able to proove cohabitation at the same residnece seek out the same rights as a legally registered wife but most states do not recognize those.  There are situations in which a legally recognized marriage is not beneficial (for example one person has filled for bankruptcy) in which you could still do the Nikkah/Islamic Marriage and you would be able to do everything husband and wife effectively do togehter without the risk of commiting sin.  You would not be akin to boyfriend/girlfriend you would considered a common-law wife even if your state doesn't necessarily legally recognize these types of marriages.  At worst people may consider you like a fiance or domestic partner.  However if you don't have any reason to not seek the legal marriage I would also agree that you should seek legal marriage by looking for a mosque or imam/sheikh who is licensed and can legally marry you.


Quoting jeweldragons:

I advise you to get both.  Nikkah is not legal or recognized in U.S.  that I am aware of.  We got our court marriage certificate December 2006 but got our nikkah which we consider our anniversary  October 2006.  If you don't get the court certificate you'll be seen as 'boyfriend'/'girlfriend' under U.S. law.  We just went to the courthouse to get it done. 



Jasminemomof3
by on Apr. 23, 2013 at 4:23 PM
Thank you ladies for the advice :)
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