# Should I register my nikah as a civil marriage?

*Civil registration of nikah: state permission to leave and the money on both sides*

- URL: https://muftiabulayth.org/r/zs1rln2djss/s/4/
- Date: 2018-03-05 · Kind: lesson · Transcript tier: machine · Recording: Zina, Marriage and Relationships - Mufti Abu Layth al-Maliki (13:02–18:10)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=Zs1rLN2Djss&t=782s
- Recording page: https://muftiabulayth.org/r/zs1rln2djss/

**Topics:** The marriage contract; Marriage; Divorce

**Summary (not a quotation; machine-made, unchecked):** Mufti Abu Layth is not sure civil registration is the answer, because he objects to needing the state's permission to leave a relationship. He accepts the financial arguments on both sides, the man's fear of losing half his property and the woman's risk of being left with nothing.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says he is not sure civil registration is the solution for Muslim marriages, because he objects to needing the state's permission to leave a relationship, while acknowledging the financial arguments on both sides.

**Evidence, his words at 15:20:** “I'm not so sure if civil registration civil marriage is the solution because I'll tell you what I'm against or what I dislike” (https://www.youtube.com/watch?v=Zs1rLN2Djss&t=920s)

## Longer summary

After some joking with the chat about his sense of humour getting him into trouble, Mufti Abu Layth turns to a programme about Muslim women in the UK who did not know that the nikah and the civil marriage are two different things, and repeats that ulama should be prepared to discuss these matters. He says he is not sure civil registration is the solution, because he dislikes the idea that a relationship cannot officially end until the state endorses it, likening a year in court to needing a document to stop being someone's friend. On the financial side he says many men refuse to register because they fear losing half of a house or car they earned if the marriage ends within a year, and that he understands this, but that there is a flip side: a woman who after twenty years of being kept from working and developing herself is left with nothing when the relationship ends, which he also calls a wrong.

## Sources and names cited

- nikah
- ulama

## Transcript (machine tier, 13:02–18:10)

[12:44] societies become hyper sexualized and Muslims just have this option of Mecca which is highly dramatized with culture and then made into a very expensive event and then locked into so it's become problematic so anyway I mean that's I I want to go on to a different topic which there's a program which I didn't really watch completely yet and I've got to watch about Muslim women in the UK have you seen the hotties out there come

[13:24] on gilad G naughty naughty right so I mean what do you want us to say send pictures on here is that what you want us to say yeah it's because of this kind of a sense of humor that I get I get myself in trouble am i embedding it come on like by saying that like what do you want us to say like send oh god I need to my humor can get me into trouble I tell you

[14:03] I tell you ah so yeah so I want to get back to this motel that I think may be for Lamar were to discuss these things again and prepare be prepared to have an open discussion on them right so safe hand-on II caught the stream for the first time a long silence the shot Ruffner the Heyman loved it right such a sash such a Paris alright so exactly look it's nothing whether you're married or not married it doesn't really make a

[14:41] difference the male brain is only preoccupied with one thing anybody who says anything else is a lying Kappa all right I take that back I take that back right I take that back that's my humor going out of control no no no rights other point is I want to get to this discussion of I want to get to this discussion of there was a program about Muslim women in the UK that were getting

[15:20] married and they were saying that look they didn't know that basically the nikah and the civil marriage these are two different things okay right so arre Shahana allakum assalaam yep any question you can post your questions I'll try to in Charlotte get to them click like click share get the live feed out there people right so you see the issue is this though look you know I know because people say yeah but Muslim women I'm not so sure if civil

[16:00] registration civil marriage is the solution because I'll tell you what I'm against or what I dislike and I I dislike the fact that if there was no longer to be a relationship that you cannot leave that relationship officially until the state endorses it I'm against that kind of I'm free-spirited people yeah if I want to be in a relationship or out of a relationship why do I need permission from the state why do I need to go to court for a year to plead to be out of a relationship

[16:37] why yeah it's a free world i if i want to be you know that's like saying if i don't want to be friends with somebody i need to go to court and it's gonna take a year or a year and a half to get an official document to say i can't be friends with you so this is the problem with state kind of like civil registration marriages I have a problem with that as to the financial side of things look the problem the problem here is as well and I'm gonna I'm net look we already know this this is why a lot of

[17:16] people do not do this as well because they will say that look oh they will say that look Oh like let's say a guy says look this is my house my car I've got this you know I've earned it now if we go get married and let's say next year you want to leave you want half of my house so people will say look I'm not happy with that and to be fair I can understand they're coming from in that angle whether it's a man or a woman but at the same time I can understand there is a flip side to this argument that if you said to a woman that look let's say

[17:55] there's me in 20 years of a relationship and you could not I did not I like I've refused or that you should go and work and develop for yourself then now we end the relationship what do you have that's also a wrong so I accept that I accept both sides to the argument but the problem is both of these are so how do they fit because they both kind of like they're repelling the magnetism is repelling people so how do we so I would say look before you are about to get

## Cite

Mufti Abu Layth Archive, segment Zs1rLN2Djss/s/4. https://muftiabulayth.org/r/zs1rln2djss/s/4/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.
