Two forms of unregistered marriage

22-1-2014 | IslamWeb

Question:

What is the Sharee‘ah ruling on the one who bears witness to an unregistered marriage contract? What should he do if he is asked to bear witness to it? May Allaah Reward you.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The term 'unregistered marriage' addresses two forms of marriage: it might describe the marriage whose pillars and conditions set by the Sharee‘ah are fully met, but is not registered in the court. If this is intended, then, it is a valid marriage, and there is no blame on the one who bears witness to it, and responds to the request to do so, once he is required to do it.

However, it might also describe the agreement between the man and the woman (to marry), without the presence of the guardian. If such is intended, it is not a marriage then, in principle, and accordingly, bearing witness to it is impermissible, and so is responding to the request of giving such witness; and whoever does so is sinful and should repent and show regret for that sin.

Allaah Knows best.