What is the Islamic Law about Paper Marriage?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

I need your advice regarding paper marriage. I live in the United States of America. I went back to my country two years back. My family wanted to bring my cousin here. I did the paper marriage, but the paper was all real. I signed it with one witness and the person in the office. But the papers are real. My family intended to get me married to the same guy once he is here. Now he is here, and they changed their mind. My question is, is it right to do so? Am I married already?

Please advise. What if I do not get married to the same person?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

Your marriage has not taken place. There must be two Muslim male witnesses or one Muslim male witness and two female witnesses.

If you decide to marry, you may do so through an Islamic marriage ceremony.

Civil Marriage

A civil marriage will only be valid if there are two Muslim male witnesses or one male and two female witnesses.

If any marriage ceremony fulfills the Sharia considerations of “offer and acceptance” and the presence of two Muslim males, or one Muslim male and two female Muslim witnesses, it will be valid. [Ibn ‘Abidin, Radd al-Muhtar]

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.