Fatwa's Insights - Kinship

THE 39TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019

1 MAC 2019 / 30 SAFAR & 1 RABIUL AWWAL 1440H

FATWA ON THE RULING OF ELOPEMENT MARRIAGE OR MARRIAGE ABROAD

Marriage that occurs between a couple outside the country involves several categories, namely:

1) A couple who are in a foreign country and face great difficulty in obtaining the permission of the original guardian to the extent that they are compelled to use a judicial guardian. Such a marriage is valid.

2) A couple who deliberately leave the country where they ought to have married.

For this second category, it involves two reasons:

i. Avoiding the bureaucracy of the local marriage administration authority

ii. Eloping from the guardian.

Regarding the first reason, if a couple leaves the country together with the guardian or after obtaining the guardian's permission, the marriage is undoubtedly valid. If the prospective wife is a widow, it is sufficient to obtain the guardian's consent. If she is a new convert, a judicial guardian may be utilized.

Regarding the second reason, if the woman is a virgin and her guardian refuses to act as her marriage guardian (adhl) without any reasonable cause, this marriage is also valid on the condition that she can prove the guardian's refusal to act as her marriage guardian. If the guardian's refusal cannot be proven and consummation has not yet occurred, her marriage is considered defective (fasid) and the marriage contract must be repeated with the guardian's permission. If there is offspring during that period, their lineage is established. If the guardian objects to the marriage because the couple is clearly not compatible (kufu') and this is agreed upon by the religious authorities, then the marriage is nullified.

Regarding marriages that occurred previously which have been believed by a couple to be valid, Allah forgives what has passed. The marriage contract need not be repeated while the lineage of their children is considered established.

The Perlis State Fatwa Committee advises the state religious authorities to facilitate marriage procedures by avoiding burdensome bureaucratic practices.

Approved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 3 of 2019 convened on 22 April 2019.