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FatwaJohorMarriage & Family

MOHON FATWA (SAH NIKAH DAN SAH PENCERAIAN)

Is a marriage conducted through a representative by the Al-Arqam group valid under Islamic law and state law, and is the resulting divorce valid?

Short answer

If the representative accepts the agency before the witnesses and mentions it in the marriage contract wording delegated to him by the guardian, the marriage is apparently valid under Islamic law, and the divorce is therefore valid.

JohorFatwa committee decision

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

Authority
Johor State Mufti Department
Date
Status
Fatwa committee decision
Series
Fatwa Negeri Johor
Topic
Marriage & Family

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

Summary

If the representative accepts the agency before the witnesses and mentions it in the marriage contract wording delegated to him by the guardian, the marriage is apparently valid under Islamic law, and the divorce is therefore valid. However, the marriage conducted by the Al-Arqam group is an offence under section 156 of the Johor Islamic religious administration law. Those involved should be prosecuted in the Syariah Court.

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

sekiranya wakil akad tersebut menerima wakalah dihadapan saksi akad dan menyebutkannya didalam lafaz akad yang berwakil wali kepadanya, pada zahirnya sahlah nikahnya dari segi hukum syarak

Excerpt from the original fatwa · Johor

Read the full fatwa on the Johor website (new tab)

How to cite

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

Johor State Mufti Department. “MOHON FATWA (SAH NIKAH DAN SAH PENCERAIAN)”, 27 May 1987. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=1474. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/validity-marriage-divorce-representative-al-arqam/