Can We Perform a Civil Marriage After Already Having Done Nikah?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

A few years ago, my husband and I performed nikah without my parent’s knowledge, without a wali, but with witnesses. Now, we are considering a civil marriage with my family present. Can the nikah be performed again in this case?

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.

Yes, a civil marriage can be performed in your case, followed by a renewed nikah contract. Jurists have mentioned the importance of renewing marriage contracts periodically. Your civil marriage and renewed nikah can be conducted with this intention.

It is a cautionary measure for a simpleton to renew his faith (iman) daily and marriage with his wife every month, once or twice, with two witnesses.

[Ibn ‘Abidin, Radd al-Muhtar]

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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat 

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.