Marriage and divorce in Holland

17-1-2017 | IslamWeb

Question:

I live in Holland. Some people here say that it is obligatory to marry for the law of the country before doing the ceremony. They say that it will protect to rights of the women, but we do not agree. They say that when there is a problem, the disbelieving judge can divorce them. We have a problem with that because this will lead to conflicts with the Sharia. This will lead to the impossibility of marrying a second wife. This will give all the women the complete right to divorce without any reason. This will give the wife the right to alimony for 12 years. This will result in very high rates of child alimony. What is your opinion?

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Answer:

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger. 

The statement that one must marry a civil marriage before the Islamic one is not true, but if the marriage is concluded while fulfilling the Islamic conditions and then the people need to document it in the civil courts [or in the civil registration], then there is nothing wrong with that.

Nonetheless, the rights that might result from such a civil registration and which contradict the Sharia are not taken into consideration regardless of whether they are in favor of the wife against her husband or vice versa. For more benefit, please refer to fatwa 89727.

If the man-made courts issue a divorce, then it is not considered Islamically, and this does not lead to separation between the husband and wife.

If the Muslims in your country want to refer the matter to a court, then they must refer the case to Islamic Centers and similar authorities that are responsible for the affairs of Muslims, but it is not permissible to take the matter to man-made courts except in a case of necessity.

For more benefit, please refer to fatwa 276001.

Allah knows best.