Marriage Contract – Can I Do A Marriage Contract Unofficially With My Wife Because Of Delays In Government Procedures?

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I was forced to do A Marriage Contract Unofficially With My Wife Because Of Delays In Government Procedures, this is what actually happened.

I divorced my wife legally and she finished her ‘iddah, After which I wanted to marry another woman but in the Moroccan law a divorcee cannot marry until he gets a permission of divorce from the court, which can sometimes be delayed due to governmental procedures. It was somehow difficult for me to wait another 2 months after 4 months that I divorced my wife. It was too really difficult to wait; I was left with only two options, whether to commit adultery, or to be patient, You know how the Moroccan streets are now, full of nudity and immorality. My fiancée’s wali (guardian) has given me permission to marry her. I gave the dowry and two witnesses attended while a Just clerk wrote an informal contract to keep until I get the permission of divorce from the court. We had the contract concluded in such a way thinking that all the Islamic conditions of marriage contract are fulfilled. We cannot announce this marriage except after two months. But a brother told me recently that what we did is Islamically illegal. Please Enlighten me more, Mat God Almighty reward you abundantly!

Bismillahi Rahmani Roheem

If the marriage contract to which you refer fulfilled all the necessary conditions and included the proposal and acceptance, in the presence of Your wife’s wali (guardian) and two witnesses, with her consent, the marriage is valid with all that that entails, and the woman has become your wife thereby, even if it has not been announced and publicized and even if it has not been recorded officially, because the Prophet (Peace And Blessings Of Allaah Be Upon Him) said: “There is no marriage except with a wali (guardian).” Narrate by Abu Dawood (2085), al-Tirmidhi (1101), and Ibn Majah (1881) from Abu Moosa al-Ash’ari; classed as Saheeh by al-Albaani in Saheeh al-Tirmidhi.

And he (Peace And Blessings Of Allaah Be Upon Him) said: “There is no marriage except with a guardian and two witnesses of good character.” Narrated by al-Bayhaqi from ‘Imraan and ‘Aa’ishah; classed as Saheeh by al-Albaani in Saheeh al-Jaami’ (7557).

Having the marriage documented in the court and so on is not a condition of the marriage being valid, rather it is done to protect people’s rights, and hence it is essential. But it does not matter if that is delayed until you obtain the divorce documents.

We ask Allaah to bless you and to bring you both together in goodness. We advise you to fear Allaah and treat your wife kindly and establish a righteous Muslim household.

Almighty Allah is All Knower.

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