Civil marriage and religious marriage

Two acts, one marriage

The nikah is the religious contract; the civil act is the state's recognition. The ECFR binds the two: in its 15th ordinary session (November 2017), it adopted a resolution judging it essential to register marriage contracts with the civil registrar for Muslims in Europe; in its 27th ordinary session, it recommended that imams and centers not conduct a religious nikah before civil registration when the law requires it. The ECFR moreover holds that a civil marriage concluded in Europe counts as a valid marriage before Allah as long as no religious impediment exists.

The basis stays prophetic: "announce this marriage and beat drums for it" (at-Tirmidhi 1089); the invitation to the walima is even a duty of acceptance (Muslim 1418). The modern civil act is an instrument of this publicity, not a substitute for the nikah.

Religious marriage without civil act

It is valid before Allah when the pillars are met, but it leaves the couple unprotected: filiation not presumed in civil status, pension, inheritance, residence rights. This is the central concern of the ECFR resolutions: delayed registration exposes the wife and children, and imams in Europe are called to bind the nikah to the civil act.

Annex acts

The mahr written in the deed, the marital property regime, the recognition of children: the civil act secures them; the walima and the announcement remain the religious acts of publicity. Total secrecy of the marriage is discouraged: the Sunna commands announcement (at-Tirmidhi 1089), without ostentatious spending.

Practical note

The standard path of Muslim couples in Europe: preparation, nikah, civil marriage in the same month, walima: three acts, one marriage, complete before Allah and before the law.