The Religion of Islam
Islam is the second largest religion in the world. All Muslims belong to a community of believers called the ummah. This community is—theoretically—united in certain beliefs and practices. For example, all Muslims believe there is no god but Allah, that Muhammad acted as Allah’s messenger, and that the Koran “Qur’an” is Allah’s recitation. There are certain customs that all Muslims are expected to follow, but since Islam is interpreted in many ways across many cultures, it is difficult to make understandable concept.
The Qur’an is the principal origin of Islamic law, the Sharia Law. It contains the rules by which the Muslim world. The Sharia includes the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state.
Cultural difference among matrimonial Muslim Marriage Rules
The wide differences of Islam is a mixture of cultural variations among Muslims. Every race and ethnicity counts, mosques have been built around the world where they absorb local marriage customs. The Muslims scholars take note of the local customs that often influence the practice of the religion.
Who may marry
The Quran guides the Muslim in seeking a marriage partner and that the relevant passages are often interpreted the same way across the world.
Requisites of Marriage
Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by the country Civil Code and not subject to conditions, except that the marriage settlements may to a certain extent fix the property relations of the spouses.
Essential requisites. No marriage contract shall be perfected unless the following essential requisites are compiled with:
- Legal capacity of the contracting parties;
(1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of the Islamic Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen or upon having her first period or menstruation.
(2) A Muslim man can have four wives at a time, but if he marries the fifth one despite of having four wives, the marriage turns to be irregular and not void.
(3) A marriage in Islam must be between opposite-sex partners who are not too closely related to each other. Muslim men are permitted to choose wives from among fellow believers or from among non-Muslim believers. Women are expected to marry only other Muslims.
(b) Mutual consent of the parties freely given; Islamic marriages require acceptance (قُبُوْل, qubūl), of the groom, the bride and the consent of the custodian (walī) of the bride. The wali of the bride is normally a male relative of the bride, preferably her father. The mutual consent of the future husband, and the wali of the future bride must be freely given.
(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent (this is the offering of gift or known in Muslim language as dowry; and
(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. A dower in the Muslim faith is a gift, or a promise of a gift, to the wife by the husband. It is negotiated before the couple’s marriage and is often in written form. Mostly this is in the form of gold coins, cash or land.
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Capacity to contract marriage
- Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of their Civil Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen or upon after having her first menstrual cycle.
- (2) However, the Shari’a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty.
- (3) Marriage through a wali by a minor below the prescribed ages shall be regarded as engaged and may be an’ed upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather.
If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one1 or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice. (Source: An-nisa, quaran.com)
Note: Muslim men are allowed to have up to four wives according to their religion.
No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Shari’a Circuit Registrar by the solemnizing officer who shall keep the third.
The contract of the mahr can be as simple as a meeting between the groom and his bride’s guardian. The wali intones that he offers his daughter in marriage in the presence of witnesses at the agreed-upon dowry and in accordance with the law (shari’ah). The groom accepts the terms with similar language, and both parties invoke Allah as the “best witness” to the transaction. The ceremony must also be attended by at least two witnesses who are adults of sound mind and can testify to the observance of the law. Many, if not most, Muslim couples go further than this simple ceremony. Muslim marriage sites are often chosen for their proximity to a mosque, although it isn’t a strict requirement that the ceremony be performed there. The Prophet is quoted as calling for marriage to be announced in public and accompanied by the beating of drums, which has led many to believe that a large public ceremony is preferable to the private mahr. After the marriage, the marriage should be consummated.
Authority to solemnize marriage. Marriage may be solemnized:
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari’a District Court of Shari’a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization.
Place of solemnization. Marriage shall be solemnized publicly in any mosque, office of the Shari’a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties.
Muslim and online marriage
The term “online marriage” is not written in the law yet. The concept of online marriage only started in 2019 and the Islamic law has not been updated since then. Online marriage does not directly forbidden under Quran and Islamic law as marriage under Muslim law is a written agreement by the husband, proper wali of the future bride and consent of the future bride in no particular form of ceremony is required at any other suitable place agreed upon the parties. As long as the essentials and formalities of the Muslim marriage are there then online marriage may consider valid and legal under Islamic law.
An Apostille is a certificate that authenticates the origin of a public document. It is issued by a country that is a member to the Apostille Convention to be used in another country which is also a member to the Convention.
Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, court orders, marriage certificate, or any other document issued by a federal agency or certified by an American or foreign consul. An apostille certifies the document(s), so the document can be recognized in foreign countries that are members of the 1961 Hague Convention Treaty.
It is necessary to have your marriage certificate be Apostille by the competent authority to be recognized in foreign country which are part of the treaty,
Muslim marriage beliefs and customs are wide enough to fit nicely into just about every society in any country. It is not directly written in Quran and Islamic law that online marriage is acceptable under Muslim Law, then we could say that it is under their rule that the marriage is a written agreement by the proper wali of woman to be wedded or the bride herself. The contract of the mahr can be as simple as a meeting between the groom and his bride’s guardian in no particular form of ceremony is required at any other suitable place agreed upon the parties – web conference marriage or online marriage is acceptable as a proper place of marriage under laws of Utah in the United States of America.
While we guarantee that online marriage is legal according to the laws in the US, it is not certain that the court of law and Immigration Services of your home country will recognize such union as valid. They may require further verification and additional documents if deemed necessary.
Disclaimer: This article is general in nature and it is not intended to relied on as legal advice. You should seek professional advice before taking any action in relation to the subject in this article.