Question
Most Imaams in the Musjids here in America have sold out. A Muslim male and female have to first register for a legal 'marriage' in the kuffaar court system before the Imaam would even consider conducting the Nikah ceremony. They say that it is the law of the land to register. Many Musjids require a plethora of proofs like a driver's license, passports, etc. Some imaams even go to the extent of making background checks to see if the groom has a wife overseas. Is this not un-Islamic? Do we need an Imaam to perform a Nikah?
Answer
We do not know what the law in America is regarding performance of Nikahs. In some places if the Imaam is registered as a marriage officer, then it is compulsory in terms of the law that he follows the procedure set out by the law. However, besides registered marriage officers other Maulanas/Imaams are allowed to perform Nikahs in the simple Islamic way. Assuming that no Maulana is willing to perform a simple Islamic Nikah without the encumbrance of all the kufr laws, then the couple should perform their own Nikah. There is no incumbency that a Maulana or an Imaam should perform the Nikah. To perform the Nikah, there need be present only two male Muslims, the bride and the bride groom. They can perform their own Nikah in this simple way.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 07
- PDF page
- 2
Appears under Questions and Answers (approximate).