Marriage is one of the most sacred bonds between a man and a woman in Islamic law, aiming to establish a family based on love and mercy. However, recently, a form of marriage known as "white marriage" has emerged. This type of marriage is a contract between two individuals without any physical relationship between them. Although this form of marriage may seem convenient for some people in certain situations, it raises many questions about its ruling in Islam. Can white marriage be accepted legally in Islam? Does it align with the values and rules set by Islamic teachings? we will explore the details of white marriage, shed light on its ruling in Islam, and discuss its impact on the rights of the involved parties, while highlighting the different scholarly opinions on this subject.
Is White Marriage Permissible in Islam?
White marriage is a type of marriage that occurs between two people, but the goal of this marriage is often not to establish a real marital relationship. This type of marriage is usually contracted for legal or social reasons, such as obtaining residence or citizenship, rather than based on the legitimate intent and religious foundation of building a family based on love and mercy.
Is white marriage permissible? In Islam, marriage is considered a sacred contract that should have clear goals that achieve family stability in line with Islamic principles. Therefore, white marriage generally does not align with Islamic law. There are several reasons why this type of marriage is not permissible in Islam, and we will explore them in the following points.
Reasons Why White Marriage is Not Permissible:
Unlawful Intentions: In Islam, the sincere intention of both parties to build a legitimate relationship is one of the pillars of marriage. If the goal of a white marriage is only to obtain residence or citizenship, it does not align with the lawful purpose of marriage.
Manipulation of Laws: White marriage is often used as a means to obtain legal privileges, such as residence or citizenship, without any foundation in a real marital relationship. This manipulation contradicts the intention of marriage in Islam, which aims to establish a stable family.
Failure to Meet Legal Requirements: Islamic law requires certain conditions in the marriage contract, such as the dowry, witnesses, and a guardian in some cases. In white marriage, these conditions may not be fulfilled, making it inconsistent with what Islam has stipulated.
Ruling on White Marriage in Islam:
Islam prohibits marriage that does not serve its legitimate purpose. In white marriage, the goal is often not to establish a family based on love and mercy but merely a legal contract for gaining certain privileges.
Correct Intentions: One of the fundamental principles of marriage in Islam is the noble intention and the establishment of a stable family life. If the white marriage is done with the intent to obtain legal privileges like residence or citizenship, without a genuine intention to build a stable marital life, it is deemed impermissible.
Manipulating Legal Rulings: White marriage is seen as a manipulation of Islamic legal rulings if it is contracted only to gain certain privileges, without any real relationship between the spouses. This manipulation violates the objectives of marriage in Islam.
Failure to Achieve Legitimate Objectives: In Islam, marriage is considered a sacred contract that aims to build a stable family and a relationship based on respect and affection. White marriage does not fulfill these legitimate goals and is, therefore, considered impermissible in Islamic law.
Benefits of White Marriage
White marriage is a type of marriage contracted for legal or social reasons, rather than the traditional emotional goal. Although it typically does not involve a sexual or emotional relationship between the spouses, it offers several benefits that might be useful for the individuals involved. Here are the main benefits of white marriage:
Obtaining Legal and Social Rights:
White marriage is a means for individuals to obtain legal rights such as residence or citizenship in some countries. For immigrants or refugees, this marriage might be a legal necessity to gain residence or social rights.
Protecting Social Reputation:
In some societies that place social pressure on individuals to marry, white marriage can help avoid criticism or social stigma, especially for those who face pressures to remain within an acceptable social framework.
Financial Stability:
White marriage can guarantee financial rights such as alimony or inheritance. In the case of divorce or separation, white marriage can provide legal protection for both parties to ensure their financial rights.
Protection for Children:
If there are children involved in the relationship, white marriage can provide legal protection for them in matters such as custody, alimony, and ensuring their legal rights.
Facilitating Adaptation in a New Environment:
White marriage may be a beneficial option for individuals who want to relocate to a new environment or culture, as it helps them obtain legal residence or stability in a new country.
No Emotional or Sexual Commitments:
For those who do not desire an emotional or sexual relationship but need legal protection, white marriage offers a suitable solution. It provides a legal framework without requiring emotional or sexual obligations.
Emotional and Social Support:
Although white marriage does not involve a sexual relationship, it can provide emotional or social support in the form of companionship and mutual assistance between the spouses.
Solutions for People with Health or Psychological Issues:
People dealing with health or psychological problems may find white marriage a legal way to guarantee their rights, especially if they are unable to engage in sexual activities.
Equality Between Parties:
If white marriage is based on mutual agreement, it provides equality between the parties in terms of rights and duties, which fosters balance in the relationship.
The Most Vulnerable Groups to White Marriage
There are certain groups who may find white marriage to be a suitable option due to social, legal, or cultural circumstances. Here are some groups that may resort to white marriage:
People Living in Foreign Countries:
Migrants or refugees who need residence or citizenship in a particular country may resort to white marriage to gain these legal rights.
People from Different Religions or Cultures:
People from different religions or cultures may be forced to enter into white marriage if there are legal or religious restrictions on interfaith or intercultural marriages.
People Who Do Not Want a Sexual or Emotional Relationship:
Individuals who do not wish to engage in a sexual or emotional relationship may find white marriage a legal means to obtain social and legal rights without these commitments.
People Seeking Clear Legal Rights:
If an individual needs to secure legal rights such as inheritance, alimony, or custody in the event of divorce, they may turn to white marriage as a way to guarantee these rights.
People Facing Social Pressure:
In conservative societies, individuals may face pressure to marry. In this case, white marriage can be a way to meet social expectations without engaging in emotional or sexual relationships.
People Seeking Residence or Citizenship:
Migrants or refugees who need legal residence in a country may resort to white marriage as a means to obtain legal rights such as residence or citizenship.
People Who Struggle with Traditional Relationships:
Some individuals who face difficulty in forming emotional or sexual relationships may find white marriage a solution to meet their legal and social needs without emotional pressure.
People Facing Legal or Religious Barriers:
Individuals facing legal or religious barriers may choose white marriage to avoid legal or religious problems that may arise due to marriage between different religions or sects.
People Who Prefer Personal Independence:
Individuals who desire independence but do not want to give up the legal rights associated with marriage may find white marriage the most suitable option for them.
People Who Do Not Want Traditional Marriage Commitments:
Some individuals who reject the commitments associated with traditional marriage, such as dowries or obedience, may choose white marriage to avoid these obligations.
Why Do Some People Resort to White Marriage?
White marriage is a type of marriage contracted for non-traditional purposes, such as obtaining legal or social rights or escaping certain responsibilities. Here are some reasons why people may resort to white marriage:
Reducing Financial Expenses:
The dowry, housing costs, and other expenses can be an obstacle to traditional marriage. In some cases, young people may believe that white marriage allows them to live together without the financial burden, making it easier to coexist with a partner without worrying about financial costs.
Not Wanting to Take on Marital Responsibilities:
Traditional marriage requires both spouses to bear many responsibilities, especially the husband, who often carries the burden of providing for the family. White marriage may be an option for those who do not wish to bear these many responsibilities, as financial obligations can be shared without adhering to traditional customs.
Social Barriers Preventing Legal Marriage:
Young people sometimes face social issues, such as religious differences or family conflicts, which may prevent them from having a traditional marriage. In such cases, some may resort to white marriage secretly to fulfill their emotional desires while maintaining social and legal relationships.
Opportunity to Get to Know the Other Party:
Some young people may choose white marriage to test their relationship with the other person before fully committing. This allows them to get to know their partner’s traits and assess whether they can live together for the rest of their lives. If the experience fails, the couple can easily separate without significant social or religious obligations.
Satisfying Emotional and Sexual Desires:
Some people may feel the need to satisfy their emotional and sexual desires, and if they cannot bear the responsibilities of traditional marriage, they may resort to white marriage as a solution to meet these desires without additional commitments.
Escape from Loneliness:
In some cases, an individual may resort to white marriage to escape loneliness. For example, an elderly woman who has never married or an older man who feels isolated after his children have left home may find white marriage to offer companionship without the need for traditional marriage commitments.
Duration of White Marriage
The duration of white marriage depends on the goals for which it was contracted and may vary according to local laws. Here are some cases that clarify the duration of this marriage:
White Marriage for Legal Purposes (such as residence or citizenship):
In this case, white marriage is temporary and lasts only for a specific period, such as obtaining residence or citizenship in a country. Once the goal is achieved, the marriage may end, though in some cases, it may be extended if there is a legal need.
White Marriage Due to Social or Personal Issues:
When the goal of white marriage is to meet social pressures or secure legal rights, the relationship can last for a long time as long as neither party wishes to separate. In these cases, white marriage may continue indefinitely.
White Marriage in Secular Countries:
In some countries, white marriage may simply be a legal contract that is officially documented. The marriage can last as long as neither party requests divorce or separation. If one party decides to end the relationship, they can do so by following the legal procedures.
White Marriage to Avoid Traditional Marital Responsibilities:
In some cases, white marriage may be short-term, ending after a brief period if the couple is unable to continue or when the goal of the marriage (such as obtaining residence or citizenship) is achieved.
Legal Rulings Regarding White Marriage
Some countries may have laws regulating the duration of white marriage or require the couple to prove the continuity of the relationship after a certain period. In these cases, the couple may need to renew the legal relationship after a specific time, and the white marriage may end based on the applicable laws.
The Difference Between White Marriage and Traditional Marriage
Element | White Marriage | Traditional Marriage |
---|---|---|
Definition | A legal marriage that doesn't require religious commitment, often done for legal or social purposes. | A marriage conducted according to Islamic law, based on the Quran and Sunnah. |
Purpose | To achieve a legal or social goal, such as obtaining legal rights or a visa. | To establish a relationship based on love and mercy between spouses according to religious principles. |
Religious Legitimacy | Not recognized religiously in most religions. | Legally recognized in Islam, with clear religious rulings. |
Legal Nature | Only has a legal character, does not require religious approval. | Requires a religious contract and specific legal procedures such as the dowry, guardian, and witnesses. |
Presence of Guardian | Not required. | A guardian (wali) is required (in some schools of thought) for the woman. |
Dowry | Not required in the contract. | Dowry is an essential part of the traditional marriage contract. |
Witnesses | Not necessary in some cases, depending on local laws. | Two just witnesses are required in traditional marriage. |
Rights and Duties | Defined by civil law and may vary from one country to another. | Defined by Islamic law, such as maintenance, inheritance, and fair treatment. |
Divorce | Happens through civil legal procedures and may be quicker and easier. | Governed by Islamic law, such as revocable divorce or khula (divorce initiated by the wife). |
Official Recognition | Legally recognized only in some countries, but not considered a religious marriage. | Legally and religiously recognized in most Islamic countries if registered in the Sharia court. |
Child Rights Protection | Governed by the country's laws on lineage and custody. | Governed by Islamic law regarding lineage, rights, and responsibilities toward children. |
Freedom of Choice | People from different religions or nationalities can marry. | In Islam, a Muslim man may marry a woman of the People of the Book (Jewish or Christian), but a Muslim woman cannot marry a non-Muslim. |
Disadvantages of White Marriage for the Individual
Despite some young people turning to white marriage for various reasons, there are numerous negative consequences that can affect them adversely:
Violation of Religious Principles
White marriage is not considered valid according to religious laws, and it is deemed forbidden in Islam, with the relationship being viewed as a form of adultery (zina).
Loss of Relationships with Friends and Family
White marriage may cause problems with friends and family, especially if they reject the idea of white marriage. This could lead to a breakdown in familial relationships, leaving the individual isolated.
Lack of Emotional Connection Between Spouses
In white marriage, there are no deep emotional bonds that characterize a traditional marriage. Without marital commitments, there may be insecurity between spouses, which makes the relationship prone to betrayal or separation.
Lack of Stability
White marriage lacks family stability, as the couple is deprived of building a family together. This may lead both parties to feel a lack of long-term stability, especially if no children are born.
Risk of Sexually Transmitted Diseases (STDs)
Since white marriage does not involve legal or religious obligations, one of the parties may have other relationships, increasing the risk of contracting sexually transmitted diseases such as HIV or chlamydia.
Emotional and Sexual Exploitation
Some individuals may emotionally and sexually exploit their partner without any genuine commitment. This exploitation can leave the victims in a state of psychological and emotional pain.
Potential for Legal and Social Problems
Pregnancy in white marriage may create legal and social issues. Since white marriage is not legally recognized in many places, the pregnant woman may have to face her fate alone or make difficult decisions such as illegal abortion or abandoning the child to become homeless.
Disadvantages of White Marriage on Society
White marriage not only has a negative impact on individuals but also extends its effects to the entire society. The spread of this phenomenon can lead to various problems that affect the social fabric. Here are some of the disadvantages that white marriage brings to society:
Issues with Lineage
Lineage is one of the foundational pillars of society, and white marriage puts these pillars at risk. When marriage is not legally documented, it becomes easy for both parties to deny the lineage of children. In the case of pregnancy, children may find themselves in a legal dilemma, as there is no document proving their lineage, making them vulnerable to living in orphanages or being unregistered. This leads to psychological and social problems that could last throughout their lives.
Decline in Interest in Legal Marriage
The spread of white marriage in society may lead to a decrease in interest in traditional and legal marriage. Many young people may prefer white marriage to escape the responsibilities that come with traditional marriage. This decline poses a threat to the family structure in Arab societies, where the family is considered the foundation for a stable and balanced society.
Violation of Customs and Traditions
In most Arab societies, legal marriage is considered a sacred step that ties a man and a woman according to religious and social norms. White marriage, with its ambiguity and lack of legitimacy, goes against these customs and traditions. Couples who enter into white marriage may face social isolation and rejection, especially if children result from the marriage, as these children will not find laws protecting them or recognizing their rights.
Lack of Guaranteed Rights for Both Parties
One of the major risks facing couples in a white marriage is the absence of guarantees for the rights of both parties. In the event of pregnancy or disputes between the spouses, one party may refuse to take responsibility. This means there are no laws to protect the mother or child if the father denies his relationship with the child. Of course, in a white marriage, there are no legal mechanisms to protect the rights of the spouses in case of any problems.
Social Instability
White marriage can negatively affect the social life of individuals. Since this type of marriage is not recognized in Islamic or Arab societies, those married in this way face difficulties integrating into society. They may be subjected to social rejection or feelings of isolation from friends and family. Even relationships with colleagues at work may be affected, which impacts their psychological and social stability.
Family Disruptions
In traditional marriage, the family is the foundation for familial and societal stability. However, white marriage lacks these foundations, leading to disruptions in the relationship between the couple and their families. The absence of strong emotional and legal bonds means that both parties may face difficulties in building a stable relationship, leading to many family and personal issues. These problems, in turn, affect society as a whole, as family disputes become widespread and impact the stability of both the family and society.
Conclusion: While white marriage may seem like a quick solution to some personal or legal problems, it actually causes significant harm to society in the long run. Preserving lineage, ensuring the rights of the parties involved, and respecting customs and traditions are all important factors for ensuring the stability of both the family and society.
The Harms of White Marriage
White marriage, although sometimes seen as a solution to temporary problems or a way to avoid some responsibilities, has significant negative effects on both individuals and society. These harms can be summarized in several key points:
Violation of Religious Principles
White marriage is not recognized religiously in most religions, particularly in Islam. In Islamic law, marriage is a legal contract that requires specific conditions and guarantees rights and duties for both parties. Therefore, white marriage is considered illegal and is likened to adultery (zina), which exposes both parties to sin and religious error.
Deterioration of Family Relationships
In the absence of a legal or religious marriage contract, many family problems can arise. If pregnancy occurs or disputes arise between the couple, the child may be left without a father or legal rights. This makes it difficult to establish the child’s lineage, exposing them to social and psychological problems. Furthermore, the lack of commitment to legal principles can significantly affect the stability of the family.
Loss of Legal Rights
In a white marriage, there are no legal rights for either party. For example, in the event of financial or legal issues between the couple, the woman cannot demand her rights, such as maintenance or inheritance. If a dispute arises, there is no legal system to protect the rights of either party, leading to a significant deterioration in their lives.
Spread of Social Chaos
If the phenomenon of white marriage spreads in society, it may lead to social chaos. In societies that value family and respect religious and social traditions, white marriage is considered an unacceptable phenomenon. This could lead to family breakdown, which harms the social fabric and increases divorce rates and family disruptions.
Increased Risk of Sexually Transmitted Diseases (STDs)
White marriage lacks the health and ethical commitment provided by traditional marriage. In such relationships, one party may be involved with another person simultaneously, which increases the risk of contracting sexually transmitted diseases. The lack of commitment to a monogamous and clean relationship exposes both parties to significant health risks.
Lack of Emotional and Psychological Stability
In white marriage, both parties lack the emotional and psychological security that traditional marriage provides. The absence of religious and legal commitment makes the relationship unstable, increasing the likelihood of separation without taking responsibility. This leads to a loss of trust between the parties, which negatively affects their emotional and psychological well-being.
Risk to Children
If children are born from a white marriage, they may suffer from legal problems related to their lineage. In the absence of an official marriage document, it will be difficult to establish the children's lineage, leading to problems in obtaining their legal rights, such as education, healthcare, and inheritance. This makes children vulnerable to suffering from instability and uncertainty about their identity.
Loss of Social Support
Those in white marriages may face difficulties integrating into society, especially in communities that follow religious and social traditions. These individuals may face rejection from family and friends, leaving them in a state of social isolation. This isolation leads to feelings of not belonging and increased psychological pressure.