Rujuk FatwaMalaysian fatwa reference
BM

FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-593 : HUKUM KAHWIN CUKUP RUKUN SEBELUM PENDAFTARAN

What is the ruling on holding a marriage ceremony that fulfils all pillars at the guardian's home before registering it, and is it an offence under Islamic family law?

Short answer

Marrying without prior permission and registration is regarded as an offence under Islamic family law and as sinful, since it disobeys a ruler's order that protects the interests of the Muslim family.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Marrying without prior permission and registration is regarded as an offence under Islamic family law and as sinful, since it disobeys a ruler's order that protects the interests of the Muslim family. A marriage must meet the pillars and conditions of Islamic law as well as state registration procedure; for residents of the Federal Territories, permission can only be given by the Registrar or an appointed Syariah Judge. Under section 40(2) of the Islamic Family Law (Federal Territories) Act 1984, the offence carries a fine of up to one thousand ringgit, imprisonment of up to six months, or both.

Written in our own words from the original fatwa — check the source before acting on it.

Setiap pasangan yang ingin berkahwin perlulah mendapatkan kebenaran daripada pihak Berkuasa Agama Negeri bagi menjalankan upacara akad nikah.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-593 : HUKUM KAHWIN CUKUP RUKUN SEBELUM PENDAFTARAN”, 11 July 2021. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/4865-irsyad-al-fatwa-siri-ke-593-hukum-kahwin-cukup-rukun-sebelum-berdaftar. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-marriage-valid-pillars-before-registration/

Local graph

This fatwa and its nearest connections. The full lists are below.

See it on the full map

Evidence cited

Books

  • Mughni al-Muhtaj (al-Khatib al-Syirbini)
  • Tuhfah al-Muhtaj (Ibn Hajar al-Haitami)