Fatwa ID: 08561

Written by Mufti Sibghat Ullah 

Question:

I recently had my nikah just over a month ago, prior to the nikah I discussed legally registering the marriage with my wife, and made it extremely clear that I am not willing to conduct a marriage by UK laws, that it is a deal breaker for me due to the legalities of divorce / inheritance / assets and alimony based on UK law being against what is prescribed under Shariah law. My wife agreed and was happy to not go forward with a civil marriage as per my request. 

Fast forward to now, I am in a position where my father in-law and wife’s family are pressuring us to have a civil marriage, and what we discussed prior to the nikah is not being considered. I have made my stance clear to my wife and her family, and I firmly stand by it. Her family are in essence ‘holding her hostage’ in her family home, until the marriage gets registered with the UK court of law. 

Can you please advise me and my wife on how we can move forward now? 

Is it permissible for the family of a married woman to keep her until a civil marriage is conducted, regardless of nikah?

Who makes decisions on the future of the married couple following nikah, the husband or the wife’s father?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

As you both are already married. So, Islamically she is your wife. But now if they don’t want her to meet you then, legally you can’t say that she is your wife according to UK law. Just like you don’t want to get civil marriage because of inheritance etc, the same way they are using law in her favour.

To cut it short, if you trust her then it will be best to get a civil marriage so her wishes and family concerns can be answered.

Only Allah knows best.

Written by Mufti Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham