What are the conditions of civil marriage and why is it different from legal marriage

Currently, civil marriage has become a topic that stirs a lot of controversy in Arab and Islamic societies. Although it is considered a legal solution for many couples in some countries, there are significant questions regarding its ruling in Islam. Is civil marriage religiously acceptable? And why do some consider it forbidden?, we will define civil marriage, clarify the religious reasons that led some scholars to consider it contrary to Islamic law, and explore the key differences between civil and religious marriages, as well as how this affects the rights and duties between spouses.

What is Civil Marriage in Egypt?

Civil marriage in Egypt is a legal contract made between two individuals in an official place, such as a court or a notary public, and is documented in the presence of two witnesses. In this type of marriage, it is considered a legal marriage, and therefore, recognized by the state's authorities. Civil marriage differs from religious marriage as it does not rely on religious rituals but only on official legal procedures.

Civil marriage is based on equality between spouses in various matters such as financial support, where the husband is required to provide for the wife as long as she assists him with some of the financial burdens. There are no religious conditions or legal complications in the contract, making it a suitable option for many people who prefer marriage without religious constraints.

Civil marriage has been recognized in most countries around the world, including Egypt, and is considered a legal alternative to customary marriage, which often leads to many legal and social problems.

Is Civil Marriage Invalid in Egypt?

Civil marriage in Egypt raises a lot of debate. Some individuals believe it is invalid and not legally recognized, while others support the idea of civil marriage, emphasizing that it grants full legal rights. Although Egyptian law does not explicitly address civil marriage, recent judicial rulings have confirmed that civil marriage can be proven between individuals of different religions if it occurs in a customary manner.

The legal status of civil marriage in Egypt remains somewhat ambiguous and still needs legal review to clarify its legitimacy officially.

Important Conditions in Civil Marriage Contract

When completing a civil marriage in Egypt, there are some basic conditions that must be met to ensure the contract’s validity, which include:

Legal impediments to marriage: For example, both parties must be of legal age and not previously married without legally ending the previous marriage.
Documenting the contract with two witnesses: This is to ensure the validity of the contract and protect the rights of the parties involved.
Identity verification and certificates: Such as birth certificates and health certificates.
Paying registration fees: For registering the contract with the relevant authorities.

These conditions help protect the rights of both spouses in the future and ensure that the contract will be legally recognized in case any issues arise that require legal intervention.

What Are Women's Rights in Civil Marriage?

Women’s rights in civil marriage in Egypt guarantee full equality with men in all aspects of married life. The main rights that women are entitled to in this marriage include:

Equality in financial support: Both spouses share the responsibility for financial support, and it is not solely the husband’s duty.
Citizenship rights: Women have the right to acquire, change, or retain their nationality.
Legal protection: Civil marriage guarantees women’s legal protection within a clear legal framework, eliminating discrimination against them.

Civil marriage in Egypt is considered a human rights demand and ensures women have the legal rights that protect them and enable them to participate fairly and equally in married life.

The Difference Between Civil and Religious Marriage

Civil Marriage

Civil marriage is a legal contract made between two individuals in front of an official entity in the country, such as a court or a notary public in Egypt. This takes place according to the state's civil laws without requiring any religious rituals.

Advantages of Civil Marriage:

Based on civil laws: Civil marriage does not require religious commitments; it depends on the laws set by the state.
Freedom of choice for spouses: Civil marriage can occur between individuals of different religions or nationalities. For example, a marriage between a Muslim and a Christian can take place.
Protection of legal rights: Civil marriage ensures the rights of the spouses, including inheritance, financial support, child custody, and other legal matters.
Divorce: Divorce in civil marriage occurs according to the accepted civil laws, without the need for religious approval.
No religious restrictions: Civil marriage does not require any approval from religious authorities but takes place in legal institutions like courts or municipalities.

Objectives of Civil Marriage:

Ensuring legal equality between spouses in terms of rights and duties.
Simplifying the procedures of marriage and divorce, without religious complications.
Enabling marriage between individuals of different religions or even between those with no religious belief.
Protecting children’s rights in cases of divorce or separation.

Shari’a Marriage

Shari’a marriage is a marriage that is carried out according to the rules of Islamic law, relying on the Quran and the Sunnah of the Prophet. The purpose of this marriage is to achieve love and mercy between the spouses, and to establish a stable family according to Islamic principles.

Steps for Civil Marriage and Required Documents

First: Civil Marriage Steps

Submitting a Marriage Request:
The couple together goes to an official office (such as the Civil Status Office or the Municipality) to submit an official marriage request.
Submitting Required Documents:
The couple must provide official documents that prove their identity and social status.
Medical Examination (If Required):
In some countries, the couple may be required to present a medical certificate before the marriage is finalized.
Setting the Marriage Date:
The official office sets a date for the marriage ceremony.
Attending the Marriage Session:
On the appointed day, the couple attends with witnesses (if required), and the marriage is solemnized, with both parties signing the official documents.
Receiving the Marriage Certificate:
After signing, the couple receives an official document that is legally recognized as proof of civil marriage.

Required Documents for Civil Marriage:

Valid Identity Card or Passport for both spouses.
Birth Certificate.
Certificate of Singleness (if one of the parties is not previously married).
Divorce or Death Certificate (if one of the spouses was previously married).
Medical Certificate (if required).

Second: Required Documents for Civil Marriage

To register the civil marriage, the couple must provide a set of official documents that prove their identity and social status. Here are the required documents in detail:

Document	Details
Valid Identity Card or Passport	Must be valid for both the groom and bride.
Birth Certificate	Original or notarized birth certificate, according to the country’s requirements.
Certificate of Singleness or No Objection	To prove that each party is not currently married.
Legal Residency (if applicable)	If the marriage will take place in a country other than the couple’s home country.
Divorce or Death Certificate (if previously married)	If one of the parties was previously married.
Medical Examination (in some countries)	To ensure the couple is free from certain contagious or dangerous diseases.

Important Notes:

Some countries may require official translation of documents if they are in a different language.
In some cases, documents may need to be authenticated by the Ministry of Foreign Affairs or an embassy.

Why is Civil Marriage Prohibited in Islam?

Civil marriage itself is not inherently prohibited in Islam, but some scholars argue that its conditions may not align with Islamic rulings, which is why they reject this type of marriage in certain cases. Here are the reasons:

Absence of Fundamental Islamic Conditions:
Civil marriage may not include the basic conditions required by Islamic law, such as:
- The presence of a guardian (wali) for the woman in the marriage, which is a fundamental condition in Islam.
- Public declaration and witnesses: In some cases, civil marriage may take place without witnesses or public announcement, which contradicts Islamic law, as it requires the marriage to be publicly declared.
Neglect of Certain Religious Rulings:
Civil marriage is based solely on civil laws, disregarding some religious rules that are important for marital relations in Islam, such as:
- Mahr (dowry): A right for the woman in Islam.
- Wife's obedience to the husband: A principle outlined in Shari’a law.
- Rights and duties: Defined by Islamic law.
Marriage Between Muslims and Non-Muslims:
In some countries that recognize civil marriage, marriage between a Muslim and a non-Muslim may be allowed, which is prohibited in Islam.
Easier Divorce:
Civil marriage may have an easier and less complicated divorce process compared to Islamic divorce, which could lead to the disintegration of the family.
Lack of Religious Intent:
In Islam, marriage is considered a sacred relationship aimed at establishing a stable family that pleases Allah. In contrast, civil marriage is a purely legal contract that may lack the spiritual and religious dimension defined by Shari’a.

Exceptions:
In some Muslim countries, such as Tunisia, civil marriage may be accepted under the condition that it does not contradict Islamic law in certain details, such as the rights of women, guardianship, and other Shari’a conditions.

Civil marriage can be a legal solution in some cases where couples face difficulties in marrying according to Shari’a requirements, especially in countries where there is a separation between religion and state.

Characteristics of Shari’a Marriage

Shari’a marriage is a marriage carried out according to Islamic law, and it has several distinctive characteristics that define this sacred relationship:

Based on Islamic Law:
Shari’a marriage requires specific elements and conditions, such as mutual consent (ijab and qabul), the presence of a guardian (wali) in some schools of thought, and witnesses and public declaration.
Religious Requirement for Both Parties:
Both parties must be Muslim, or in accordance with Islamic conditions. A Muslim man can marry a woman from the People of the Book (Jews and Christians), but a Muslim woman cannot marry a non-Muslim.
Protection of Rights and Duties:
Shari’a marriage ensures the protection of the woman’s rights, such as the mahr, financial support (nafaqa), and inheritance, and requires that spouses treat each other kindly.
Divorce According to Islamic Law:
Divorce follows specific Shari’a rules, such as revocable divorce (raj'i), irrevocable divorce (ba'in), khula' (divorce initiated by the wife), and the waiting period (iddah).
Application of Religious Rulings in Family Matters:
This includes rulings regarding financial support, children’s rights during and after the marriage, and inheritance rights as outlined by Islamic law.

Objectives of Shari'a Marriage

In Islam, Shari'a marriage is not just about establishing a marital relationship; it has important religious and social goals:

Achieving Family Stability:
Shari'a marriage is considered the foundation for establishing a stable family based on love and compassion between the spouses.
Building a Muslim Family:
It aims to create a family based on Islamic values and teachings, producing righteous children for the community.
Preserving Pure Lineage and Descent:
The marriage ensures the purity of lineage and prevents the mixing of ancestries, in accordance with Islamic laws.
Providing a Religious and Educational Framework:
It promotes raising children in an Islamic environment that instills religious principles from a young age.
Regulating the Relationship Between the Spouses:
Shari'a marriage defines the rights and duties of both parties according to Islamic law.

Table of Differences Between Civil and Shari'a Marriages

Element	Shari'a Marriage	Civil Marriage
Source	Islamic Shari'a	Civil law of the state
Location	Mosque, home, or with a Shari'a official	Civil registry office or court
Presence of Guardian	Essential (especially for the woman)	Not required in some countries
Presence of Witnesses	Requires two just witnesses	Not necessary in some countries
Mahr (Dowry)	A fundamental element of the contract	Not a basic requirement
Religious Nature	Has a religious and spiritual dimension	Only has a legal dimension
Purpose	Worship and establishing a family according to religious laws	A legal bond ensuring rights for both parties
Divorce	According to Shari'a law (e.g., revocable divorce)	Legal civil procedures
Official Recognition	Recognized both religiously and civilly (if registered by the official)	Legally recognized only, not necessarily religiously
Children's Rights	Governed by Islamic lineage laws	Governed by state laws regarding descent and custody

Key Rights of Women in Civil Marriage

Civil marriage grants women a set of rights that ensure equality and fairness in the marital relationship:

Right to Accept or Reject:
The woman must consent to the marriage of her own free will without any coercion.
Right to Equality:
Women and men have the same legal rights, without discrimination.
Right to Retain Her Name:
She is not required to change her last name to her husband’s name unless she wishes to do so.
Right to Work and Education:
She has the right to work or continue her education without any restrictions from the husband.
Right to Property:
The woman has the right to own her property and personal assets without interference from the husband.
Right to Maintenance:
In the event of divorce, she can request maintenance according to the laws of the country.
Right to Custody:
In the case of divorce, she may have priority in custody of the children according to the country’s laws.
Right to Divorce:
She has the right to file for divorce if she suffers harm or if there are fundamental disagreements.
Right to Legal Protection:
The law protects her from domestic violence or any abuse from the husband.

Important Note:
Women’s rights in civil marriage vary depending on the laws of each country. Some countries may offer stronger legal guarantees for women, while others may provide fewer rights.

Main Benefits of Civil Marriage

Civil marriage offers a range of legal and social benefits, making it a suitable option for many individuals. Here are the main benefits:

Legal Recognition of the Relationship:
Civil marriage guarantees the state’s recognition of the union and ensures protection under applicable laws.
Protection of Financial Rights:
It clearly defines the financial rights of both parties, such as inheritance, maintenance, and division of property.
Ease of Dissolution:
In case of divorce, civil marriage offers organized legal procedures that protect the rights of both parties and make the separation legally straightforward.
No Religious or Ethnic Discrimination:
Civil marriage allows individuals from different religions or ethnic backgrounds to marry without any religious or ethnic restrictions.
Protection for Children:
Civil marriage provides legal protection for children, including rights to lineage, custody, and maintenance according to the relevant laws.
Greater Freedom for Women:
It ensures that women have full legal rights, including the right to work, pursue education, and own property independently.
Suitable for Living in Secular Countries:
Civil marriage is accepted and recognized in secular countries that do not base their laws on religious principles.

Groups Most Likely to Choose Civil Marriage

Civil marriage is often the preferred option for certain groups due to their specific legal or religious circumstances:

People Living in Foreign Countries:
Foreign countries often require civil marriage to officially recognize the relationship.
People from Different Religions:
When a Muslim marries a Christian or vice versa, they may opt for civil marriage as it does not require religious recognition.
Individuals Who Are Not Religiously Committed:
Those who do not strictly adhere to religious teachings find civil marriage easier and more flexible.
People Seeking Clear Legal Rights:
Individuals who want to ensure their financial and legal rights are formally recognized, without getting involved in religious details.
Refugees and Immigrants:
Civil marriage is often a more straightforward option, granting them internationally recognized legal documentation.
People Living in Secular Countries:
In secular countries like France and Canada, civil marriage is considered the official, recognized form of marriage.

Disadvantages of Civil Marriage

Despite its benefits, civil marriage may have some drawbacks or negatives in certain cases:

Occasionally Conflicts with Religious Laws:
Civil marriage may not align with some Shari'a conditions, such as the presence of a guardian or witnesses, making it unacceptable in some religious contexts.
Lack of Religious Aspect:
Civil marriage lacks the spiritual dimension found in Shari'a marriage, making it merely a legal contract.
Ease of Divorce:
In some cases, divorce in civil marriage is easier and faster, which may reduce the stability of the marital relationship.
Differences in Laws Between Countries:
Civil marriage laws vary from one country to another, which may lead to legal complications if the couple has different nationalities.
Neglecting Certain Islamic Rights:
Civil marriage may overlook certain Shari'a rights, such as dowry, the role of a guardian, or the requirement for witnesses, which are fundamental in Islamic marriage.
Lack of Religious Recognition in Some Societies:
In some conservative societies, civil marriage may be viewed as illegitimate religiously, causing social issues.
Opening the Door for Mixed Marriages:
Civil marriage may allow mixed marriages between Muslims and non-Muslims, which is prohibited in Islam.

Countries That Encourage or Enforce Civil Marriage

Some countries require or encourage civil marriage as the official means of recognizing a marriage:

France:
Civil marriage is the only legally recognized form, and it must be performed in the municipality.
Italy:
Civil marriage is mandatory if a religious marriage is not performed beforehand.
Germany:
Civil marriage must be completed at a registry office before any religious ceremony can take place.
Canada:
Civil marriage is officially recognized for all groups, without any religious discrimination.
United States:
Civil marriage is widely practiced, though the marriage laws vary by state.
Lebanon:
While civil marriage is not available within the country, some Lebanese people travel to countries like Cyprus to conduct a civil marriage.
Tunisia:
Civil marriage is officially recognized and usually documented civilly.
Cyprus:
Cyprus is a popular destination for Arabs seeking civil marriage due to the ease of procedures.