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Nikaah in the West

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  • Nikaah in the West

    Assalaamu alaikum wa rahmatullahi wa barakau,

    I have been reading a few comments on here about marriage laws in the west. I'm in the US and have a few questions.
    First of all, I don't believe one has to have a marriage certificate from the state for the nikaah to be valid but how should we go about protecting our rights if the courts here won't recognize our marriage (or the contract) without that certificate?
    How can a man who has more than one wife guarantee his other wives and children will be provided for in the event of his death? In the US there is a law that any contract is void if the contents are not legal and since polygamy is illegal here I'm pretty sure no court would uphold any contract (will) that seeks to give money to a second wife.
    I have seen comments warning against registering with the state and I have a comment on that as well... It is true that for the most part the wife gets everything in the event of her husbands death BUT why could she not then just take that money and split it up amongst the family members according to Shariah? In that case she wouldn't be trying to take what's not hers, right?

    JazakAllah khayrn
    Veiled Princess
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  • #2
    Re: Nikaah in the West

    wa alaykum salam wa rahmatullah wa barakatuh sis

    I too have read some opinion discouraging from registering the marriage with the state, but unless it is different in US for some reason, you will actually need your state registry marriage certificate to apply for Hajj or Umra visa if you want to travel with your husband as mahram...

    About the other wives, I dont know. When he makes a will with a sound mind and signs it and all that, can people contest that? am not sure? But how could the state or courts try 2 like contest it when none of the beneficiaries raised a problem? Although about polygamy, when they won't let you register all the wives... Personally I wonder if that comes as not treating them all equally, only one of them has that extra "status" in the eyes of the law of that land, of the courts, able to be his next of kin from the perspective of hospital etc, as we mentioned for the Umrah and Hajj visa etc... So with polygamy, this is my opinion only but I think it is not fair unless he registers all of them (but not legal to do this in UK or Us) or none of them (but then all are missing out on the rights like next of kin)
    .: Rufaida :.
    .:Fa Firroo Ila-llaah:.
    “People praise you for what they suppose is in you,
    but you must blame your soul for what you know is in you.”
    ~ Ibn Atallah

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