Is documentation required for a valid Nikāh?

Question

I want to ask one question on behalf of one of my friend who asked me this. He is living in UK. He is married to a girl in precense of two witness and her father and every requirement was ok but it was not on Nikahnama as he is not in position to show it open in papers. But he did this because he does not want to make sins just to meet that girl outside etc. Now as his nikah is done just verbally will that be ok and if he needs to show in documents then can he do again just for registration when he will have complete settled in UK? if he cant do again then what is the other solution to do that? Over all thing to say that his islamic marriage is according to islam but verbally not registered, if want to register in future then does he need again to perform nikah or just registration will require if so then how?

Abdul Azīm bin Abdur Rahman · Accepted Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You state that your friend’s Nikāh took place verbally in the presence of two witnesses without any written documentation.

In principle, if a valid Nikāh is performed verbally without being documented, the Nikāh is still valid.[1] A written documentation is not a condition for the validity of Nikāh. Hence, if all conditions of a Sharī (Islāmic) Nikāh were fulfilled in your friend’s marriage, then he and the woman are husband and wife in terms of Sharīah even if the Nikāh was not documented.

Accordingly, if your friend wishes to register his marriage, he may do so without renewing his Nikāh.

And Allah Ta’āla Knows Best

Abdul Azīm bin Abdur Rahman,
Student Darul Iftaa
U.S.A.

Checked and Approved by,
Mufti Ebrahim Desai.

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