Is Government Approval Necessary for Nikah and Divorce?
Taken from: Fatāwā Amanpuri by Shaykh Ghulam Mustafa Zaheer Amanpuri
Is the approval of the ruler (government authority) necessary for Nikah and divorce?
In the sight of Shari‘ah, Nikah and divorce do not require the approval of the ruler or government authority; both are valid without it. However, in compliance with state laws, Nikah and divorce should be officially registered in government records.
❀ Hafiz Ibn ‘Abd al-Barr رحمه الله (463H) stated:
قد أجمعوا أن النكاح والطلاق يجوز دون السلطان
The scholars have consensus that Nikah and divorce are valid even without the ruler’s approval.
(al-Istidhkar, 6/85)
Taken from: Fatāwā Amanpuri by Shaykh Ghulam Mustafa Zaheer Amanpuri
❖ Question:
Is the approval of the ruler (government authority) necessary for Nikah and divorce?
❖ Answer:
In the sight of Shari‘ah, Nikah and divorce do not require the approval of the ruler or government authority; both are valid without it. However, in compliance with state laws, Nikah and divorce should be officially registered in government records.
◈ Scholarly Consensus
❀ Hafiz Ibn ‘Abd al-Barr رحمه الله (463H) stated:
قد أجمعوا أن النكاح والطلاق يجوز دون السلطان
The scholars have consensus that Nikah and divorce are valid even without the ruler’s approval.
(al-Istidhkar, 6/85)
