Islamic Shariah-based marriage holds a deep cultural and religious significance for Muslim couples and their families in the USA. But sadly, the government does not legally recognize or bind it. In the USA, Muslim marriage contracts are governed by United States law.
According to an independent review conducted in 2018, Muslim couples should undergo a civil ceremony in addition to their religious ceremony. This will protect the couple’s rights and provide a legal recourse in case of a divorce.
Today, we will explore the underlying structure of Islamic marriage in the USA to ensure legal protection for Muslims in the country. So keep reading for detailed information.
Why Is Islamic Marriage Recognition Important in the USA?
Although some argue against it, there are several reasons for legal marriage agreements in the USA.
● Accommodation & legal protections
● USA law doesn’t accept Islamic divorce
● Family Stability
● Interfaith marriages
● Can’t Travel as a married couple
Accommodation & Legal Protections
As enshrined in the Constitution, Muslims have the right to practice their religion freely, and this right extends to conducting their marriages by their faith. Legal recognition of Muslim marriage contracts protects couples and protects their rights. This includes property rights, inheritance, and among other matters.
Without proper recognition, couples may be vulnerable to legal challenges and misunderstandings in custody and inheritance. Legal representation of Nikah can give Muslim couples more authority while providing them with the necessary protections to navigate through the complexities of marriage.
USA Law Doesn’t Accept Islamic Divorce
Islamic divorce (Talaq) is not recognized under US law due to its lack of conformity with the American legal system. Islamic divorce, as per Sharia law, is a one-sided act in which the husband can utter the words “Talaq” three times to end the marriage.
On the other hand, the American legal system emphasizes a fair distribution of property and assets and the rights of both parties involved. Couples can create a written separation agreement detailing all their divorce concerns.
Family Stability
The legal recognition of Muslim marriages helps promote family stability in the Muslim community. Following religious traditions in a legally recognized manner instills a greater sense of commitment and longevity in relationships.
Interfaith Marriages
Legal acceptance of Muslim marriage agreements in the United States holds immense importance for interfaith marriages. When a Muslim man marries someone from a different faith, they need a contract that respects their rights and customs.
Without legal recognition, interfaith marriages may risk discrimination or infringement on religious customs.
Can’t Travel as a Married Couple
Recognizing Muslim marriage contracts is also crucial in travel abroad or permanent residency abroad. Recognition allows couples to avoid legal hiccups and ensures their marriages are respected globally. It also helps avoid conflict and disagreements over immigration and property matters in international locations.
What Is the Process for Recognizing My Shariah-Based Marriage in the United States?
If you have undergone Islamic Shariah-based marriage, you must obtain legal recognition in the United States. Here are the steps you can follow:
Step 1. Understand the Legal Requirements
In the USA, a marriage is considered valid between two consenting adults, is not incestuous, and is not bigamous. Your Shariah-based marriage must meet all legal requirements according to the law of the USA, including birth certificate, age, government-issued photo ID, or passport.
Step 2. Gather Proof of Your Marriage
To recognize your Shariah-based marriage in the USA, you need to provide proof of your marriage. This proof may include an affidavit from witnesses who attended the ceremony or a statement from the Imam who officiated the marriage.
Step 3. Find a Legal Consultant
A legal consultant can help you navigate the legal requirements and advise you on the best action. They can inform you of any additional requirements needed to recognize your marriage in the USA.
Step 4. File the Necessary Documents
Once you have all the required documents, you must file them with the relevant government agency or court by a lawyer or yourself.
This process may vary depending on your current state, and seeking advice from a legal consultant is advisable. You may need to pay a fee (between $25 and $90) to file the necessary documents.
Step 5. Wait for the Recognition of Your Marriage
After filing the necessary documents, you need to wait for the recognition of your Shariah-based marriage in the USA. This process may take some time, and you may need to follow up with the relevant government agencies or courts.
How to do Nikah in the USA?
Performing a Nikah ceremony in the USA is quite simple, and you only need a few things to make it happen. You will need the bride and groom to be present along with the bride’s father or any male relative authorized to represent her.
Also, you need two adult Muslim witnesses who can attest to the wedding and its proceedings. Finally, you will require an Imam or another Muslim officiant to oversee the process and the exchange of vows.
Which website is best for Islamic marriage in the USA?
Several Islamic marriage sites in the USA allow Muslims to find and connect with potential partners, but Noble Marriage is the best one out there. It is one of the leading Islamic marriage websites in the USA, and it is committed to creating a safe and inclusive online platform where Muslims can find their significant other.
The site operates with the highest standards of ethics, morals, and Islamic values, providing members with halal ways of finding a partner for marriage. They have implemented advanced features and functionalities that facilitate communication and matchmaking for members.
Significance of Islamic Marriage: Legal Protections for Muslim Couples
In the rich tapestry of diverse cultures and beliefs, Islamic marriage stands as a testament to the deep-rooted traditions and values of the Muslim community. It’s paramount that, while honoring these traditions, couples also ensure they are safeguarded by the legal frameworks in place.
The intersection of civil and religious commitments not only upholds the sanctity of the union but also fortifies it with the rights and protections every individual deserves.
As we celebrate the confluence of faith and law, let’s remember the importance of providing every individual with the dual assurance of spiritual fulfillment and legal security in the journey of matrimony.