Prayer Time

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Imaginary marriage has no basis in Islamic law, because marriage is a close bond, it has its importance and dignity, is not a mere ceremonial fictitious transaction that has no truth or credibility, but the marriage contract  described in the Glorious Qur'an is that of a strong agreement.

 If a person makes a proposal to a girl of his class and there are no any religious barriers either permanent or temporary in addition to the availability of the necessary terms of marriage and the presence of a witness, the marriage contract becomes successfully executed and remains not imaginary or formal. This is so whether the goal is to obtain citizenship or achieving a functional purpose or political aim because there is no room for fun in  marriage as the Prophet Muhammad,( peace be upon him) said in the hadith narrated by Imam Abu Dawood : "Three things; being serious and joking about them are the same, marriage, divorce and taking back (a divorced wife)" Imam Tirmidhi also narrated this  tradition and then said: This is a good hadith and acting according to it is what Scholars are upon,

Hence, we do not see a justification for a formal marriage contract done to obtain citizenship or for other objectives. If someone held a formal marriage contract for such motives, the marriage will be considered real and effective and such aims will not affect it but rather they will not be regarded.

All the rules of Marriage are applicable to such contract; including the provisions of dowry, maintenance and providing accommodation for the woman. It is equally not allowed for the woman to marry another man thinking the former marriage was merely a ceremonial one. She must wait for either a divorce or a separation from the so-called imaginary or formal

 Written by: Sheikh Badr Al-Hasan Al-Qaasimi; vice President of Academy of Islamic Jurisprudence in India.




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