Is a civil marriage considered a Nikaah? I ask as due to circumstances, the Nikaah of the sister is not to be held till a later date, however it is urgent that the civil marriage be held very soon. According to some people however, if men are present at the civil ceremony (i.e. the brides' father and brothers), the civil marriage will be considered a Nikaah, is this true in any of the schools of thought?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

The civil marriage by itself is not considered a religious marriage as, in most cases, these marriages in non-Muslim countries do not abide by the Islamic Law in conducting the marriage contract by meeting the conditions of a correct marriage; the most important of which are the presence [and consent] of the guardian of the bride and the two witnesses. However, if these conditions are met then the marriage is correct and acceptable.

It is not permissible for a Muslim to initiate marriage in those man-made courts while being able to conduct it with the Muslim community in a mosque or an Islamic centre. Once the marriage is concluded in a mosque or an Islamic centre then it is permissible to authenticate it in those courts or in a town hall or any other institution.

For more benefit and details about the statements of the scholars about the conditions of a correct marriage, please refer to Fatwa: 86384.

Allaah knows best.