The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 09, p.3

Is it permissible to register a Muslim marriage in terms of the secular law?

Question

Is it permissible to register a Muslim marriage in terms of the secular law?

Answer

If there is a need to register, it will be permissible providing that registering the marriage does not create haraam consequences. In some systems if the marriage is registered, the estate of the deceased cannot be distributed according to the Shariah. Some marital systems do allow for the deceased's assets to be distributed in any way his/her will directs. Therefore, one should first consult a lawyer to learn which system or matrimonial property regime will allow a Muslim' estate to be distributed in accordance with the Shariah. In South Africa the matrimonial property system known as ante nuptial contract excluding the accrual clause does not prevent an Islamic Will.

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The Majlis Vol 20 No 09
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