Is a Marriage Contract and Will Necessary for Sharia Compliance in Non-Muslim Countries?
Answered by Mawlana Ilyas Patel
Question
Is it obligatory to have a marriage contract and will to ensure compliance with Islamic law in countries where marriage and inheritance laws contradict Sharia?
Answer
In the Name of Allah, the Most Merciful and Compassionate
It is important to register your marriage in advance, either before, during, or shortly after the marriage ceremony (nikah), in the country where you reside. This helps prevent potential issues that may arise from delaying the registration.
In many Muslim countries, it is illegal and a criminal offense for a scholar to conduct a marriage without it being registered. The Prophet (Allah bless him and give him peace) also said, “There should be neither harming nor reciprocating harm.” [Ibn Maja] Watch the detailed video answer below.
What About Written Marriage Contracts?
Islamically, marriage is an oral contact, but it should be preserved through writing with the best of intentions to preserve and protect rights. So, by registering a marriage, the intention of both spouses should be to ensure legal recognition, protect the rights of both, prevent future disputes, and not demand or abuse the situation in the future.
The Prophet (Allah bless him and give him peace) said, “Verily actions are by their intentions, and one shall only have that which one intended.” [Bukhari; Muslim]
Islamic Will (Wasiyya)
Writing and preparing a will (wasiyya) is highly recommended, particularly in non-Muslim countries, to ensure that one’s wealth and assets are distributed according to Sharia upon death.
There are several Islamic texts, both in the Quran and Sunna, which point to the importance of will-making, for example:
Abd Allah ibn Umar (Allah be pleased with them both) narrates that the Messenger of Allah (Allah bless him and give him peace) said: “It is not befitting for a Muslim who has something to make a Will of, to remain for two nights without having one’s last Will and testament written and kept ready with one.” [Bukhari]
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
– The Elements of Meaningful Marriage Contracts
– A Guide to Marriage: SeekersGuidance Reader
– Key Considerations in the Act of Marriage
Video
– Why Is It Significant to Have a Written Marriage Contract?
– Is It Necessary to Register the Marriage Contract?
Islamic Will (Wasiyya)
– What Is the Precedence between Verbal and Written Instructions in a Will?- Shaykh Abdul-Rahim Reasat
– Is Writing a Will Wajib In Non-Muslim Countries?
– Am I Allowed to Remove My Parents from an Islamic Will
Books
– Your Islamic Marriage Contract | HedayaHartford.com
– Handbook of a Healthy Muslim Marriage – White Thread Press
I pray this helps answer your question.
[Mawlana] lyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
