Marriage Contract Concluded by a Priest
There is no objection to taking the permission to marry from American authorities, but it is not permitted by any means to have the marriage contract concluded by a priest. This prohibition comes from the difference in belief between the one who is concluding the contract and the Muslim who wants to marry. In addition, such a contract includes Christian texts and rites that contradict the Islamic Creed. Thus, whoever concludes his marriage contract in this way should remake his marriage contract according to Islamic Law and away from the church.
In this regard, Dr. Salah As-Sawi General Secretary of Shari`ah Scholars Academy in America, states: Marriage in Islam is a legal contract which should be concluded according to the Qur’an and the Sunnah. The Islamic noble Shari`ah explained in detail the rulings pertaining to the objectives of marriage, the way to establish it, the way to maintain it, and the way to end it. Thus, whoever believes in Allah and the Hereafter must not change any of the rulings of marriage or alter it from its legal objectives.
There is no objection to take the permission of marriage from the American authorities whenever it is a means to achieve some legal interests. This is because doing so is a mere administrative procedure which has nothing to do with the content of the contract or with the rulings decreed by the Shari`ah.
As for concluding the marriage contract by a priest and in a church, it is, by Allah, a deed which can never be done by a true believer who is supposed to be totally away from any act of disbelief. It is well known that priests carry out marriage contracts in the name of their polytheistic beliefs, starting marriage ceremonies in the name of the Father, the Son and the Holy Spirit. Thus, all the marriage ceremonies are concluded in accordance with the Christian belief and the rites of the church. So how could a man who is supposed to believe in Allah and the Hereafter accept the rituals of polytheism and establish his life on a base of devotion to someone other than Allah?
Allah Almighty says, (And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so, follow it and follow not the whims of those who know not.) (Al-Jathiyah 45:18). He, the Almighty, also says, (And the Jews will not be pleased with thee, nor will the Christians, till thou follow their creed. Say: Lo! the guidance of Allah (Himself) is Guidance. And if thou shouldst follow their desires after the knowledge which hath come unto thee, then wouldst thou have from Allah no protecting friend nor helper.) (Al-Baqarah 2:120). And in another noble verse, He states, (So judge between them by that which Allah hath revealed, and follow not their desires, but beware of them lest they seduce thee from some part of that which Allah hath revealed unto thee) (Al-Ma’idah 5:49).
Thus, the contract concluded in such way is definitely invalid, as it is based upon other than the law of Allah, and whatever contradicts the divine law must be rejected. The Messenger of Allah (peace and blessings be upon him) stated, “If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected.” Therefore, any Muslim who becomes involved in such a matter should turn to Allah Almighty in repentance immediately and carry on concluding his marriage contract according to the Qur’an and Sunnah. He should also ask religious scholars continually about any of the religious matters that come upon him lest that he might fall into such destructive sins.
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