Can One Get Married With the Goal of Getting Citizenship?

Answered by Shaykh Faraz A. Khan

Question: Is it permissible to do a fake nikah and court marriage in order to get US Citizenship? Both parties involved were aware that it was a sham marriage.

The brother in question did a nikah in presence of family members who knew about the arrangement. There were two witnesses and a proper nikah done but it was all just for paper work. After 3 yeras of nikah, they divorced each other and the brother is now US citizen. He gave her an islamic talaq verbally, hence he is no longer married to her islamically.

The brother claims that his intentions were pure and he wanted to come to the US to make money since his family was under huge debt, and he wanted a “short-cut”. Is this a legitimate reason?

My question is, Is this kind of arrangement considered a sin according to Islam? Will the family be held accountable for participating in a fake nikah?

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health and states.

Such a marriage entails deceit, which is a major vice and is unlawful.

Our Beloved Prophet (peace and blessings be upon him) said, “Whoever deceives us in not of us.” [Sahih Muslim]

Intending to divorce while getting married also goes against the primary aims (maqasid) of marriage.

Having said that, it does not affect the validity of the contract according to the Hanafi school. If the conditions of a valid marriage contract are fulfilled, such as offer and acceptance, 2 witnesses, etc., then as a contract it is valid and the marriage takes place. [Maydani/Quduri, Lubab Sharh al-Kitab]

And Allah knows best.
wassalam
Faraz

Checked & Approved by Faraz Rabbani