Marriage registry before wedding: Is it a fatal mistake?

Marriage 27 Feb 2021 Contributor
Opinion
Marriage registry
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According to Muslim family law in most countries, all marriages between men and women must be registered. This registration has to be done through Registrar. After the religious formalities of the marriage have been completed, Registrar fills in the marriage registration form. With the personal information of the bride and groom. After filling the form, the bride and groom sign it.

The needs of marriage registry in a marriage

As a result of marriage registration, all the information of marriage is recorded in the database of the government. So its necessity cannot be denied. As a result, both parties, especially women, can ensure all their rights under the law. The certificate of registration acts as a safeguard if the wife is cheated or abused by her husband at any time. This deed is also required to recover one’s due share in each other’s abandoned property after the death of the husband or wife. Registration of marriage is an essential document even in the case of divorce.

Not the registration of marriage before the wedding

From the Islamic point of view, this Marriage registry is not a part of marriage. If you get married without a Marriage Registry, the marriage will be pure. Mutual life will be Halal. The registration of marriage is just according to the customary law. Therefore, the provision of the Shariah is that if you want to have a marriage registry, you have to complete a regular marriage first.

When the wedding ceremony is completed, the prescribed marriage registry form will be filled. The government law in this regard also says so. That if the form is filled after the marriage, the marriage will be registered in the government registrar. Because if the marriage has not been performed yet, then for what will be the registration made?

But in our society, it is often heard people say, ‘I have done registry, the wedding will take place later.’ These thoughts and actions are completely wrong. Because, where the marriage has not been completed yet, what will be registered? So it is not legal to have a Marriage registry before marriage, but there are some other big problems too.

Problems caused by the advanced marriage registry

1. Taking refuge in lies

Some of the notable columns in the form to be filled during marriage registration are, what is the date of marriage? Where did the marriage take place? Marriage has been made through whom? If the Marriage registry is kept before the marriage ceremony, then false information must be written in the above columns of the form. In a word, by getting marriage registration before marriage, the bride and groom, the witnesses, and the judges are all taking refuge in lies. Everyone is signing based on lies.

2. Complications related to divorce

Apart from writing the above false information, there is another complication. In the case of pre-marriage Marriage registry is Article no. 18 of the Marriage registry letter. It is written here, will the groom give the wife the power to divorce? If so, under what conditions? When filling in this column of the form, three conditions are usually mentioned by writing ‘yes’. This means that the husband has given his wife the conditional divorce.

This is called ‘Talak Tafbee’ in Islamic terminology. Just as the husband has the power to grant a divorce after marriage, so in some cases the wife can be granted the right to divorce. But in the eyes of the Shariah, since the husband himself does not have the power to grant a divorce before marriage. Even if the husband gives that right to the wife orally or signs the permission. The right will not be established for the wife after marriage.

3. Power of divorce due to marriage registry

Therefore, to register before marriage means that the husband is giving his wife the power to divorce before marriage. But before marriage, the husband himself does not have the power to grant a divorce. Because before marriage, the husband is like a stranger to his wife. And how can a stranger man divorce another stranger woman? So even if the bridegroom fills in the form of the Marriage registry letter before the marriage and signs it, it will not give the bride the right to divorce after the marriage. In this case, if the wife ever divorces herself, then her divorce will not be purified in any way according to the Shariah.

But it is often seen that on the basis of this Marriage registry made before marriage, the wife divorces her husband and marries elsewhere. But in this way, her divorce is not effective and marriage elsewhere is not valid.

4. Creating misconceptions

Another big downside to having a Marriage registry before marriage is that many people consider this Marriage registry to be a wedding. As a result, he thinks that the marriage has been consummated only by entering the Marriage registry without verbally accepting the marriage proposal. But without verbal acknowledgment, marriage will never take place by Marriage registry letter. As a result, it is not legal for men and women to live together.

Therefore, in general, according to Islamic Shariah and government law, only after the completion of all the work of wedding, the form of the Marriage registry letter has to be filled and signed, never before marriage.