Frequently Asked Questions
Are there certain conditions to a marriage contract?
CONSENT/DOWRY/WITNESSES
In Islam, marriage is considered both a social agreement and a legal contract. In modern times, the marriage contract is signed in the presence of an Islamic judge, imam, or trusted community elder who is familiar with Islamic law. The process of signing the contract is usually a private affair, involving only the immediate families of the bride and groom.
Negotiating and signing the contract is a requirement of marriage under Islamic law, and certain conditions must be upheld in order for it to be binding and recognized.
Consent – Both the groom and the bride must consent to the marriage, verbally and in writing. This is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul). A first-time bride is usually represented in the contract negotiations by her Wali, a male guardian who looks out for her best interests. Even so, the bride must also express her willingness to enter into marriage. Consent cannot be obtained from those who are legally unable to give it, i.e. people who are incapacitated, minor children, and those who have physical or mental impairments which limit their capacity to understand and consent to a legal contract.
Mahr - This word is often translated as “dowry” but is better expressed as “bridal gift.” The bride has a right to receive a gift from the groom which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even in case of later divorce. The mahr can be cash, jewelry, property, or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance the unpaid mahr becomes a debt against the husband’s estate.
Witnesses – Two adult witnesses are required to verify the marriage contract.
In Islam, marriage is considered both a social agreement and a legal contract. In modern times, the marriage contract is signed in the presence of an Islamic judge, imam, or trusted community elder who is familiar with Islamic law. The process of signing the contract is usually a private affair, involving only the immediate families of the bride and groom.
Negotiating and signing the contract is a requirement of marriage under Islamic law, and certain conditions must be upheld in order for it to be binding and recognized.
Consent – Both the groom and the bride must consent to the marriage, verbally and in writing. This is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul). A first-time bride is usually represented in the contract negotiations by her Wali, a male guardian who looks out for her best interests. Even so, the bride must also express her willingness to enter into marriage. Consent cannot be obtained from those who are legally unable to give it, i.e. people who are incapacitated, minor children, and those who have physical or mental impairments which limit their capacity to understand and consent to a legal contract.
Mahr - This word is often translated as “dowry” but is better expressed as “bridal gift.” The bride has a right to receive a gift from the groom which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even in case of later divorce. The mahr can be cash, jewelry, property, or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance the unpaid mahr becomes a debt against the husband’s estate.
Witnesses – Two adult witnesses are required to verify the marriage contract.
Are there conditions to a prenuptial contract?
Prenuptial Contract Conditions – Either the bride or the groom may submit contract conditions which, if agreed upon, become legally-binding conditions of marriage (in Islamic law). Often such conditions include agreements about the country of the couple’s residence, the wife’s ability to continue her education or career life, or vistation with in-laws. Any condition that is allowable in Islamic law is allowed to be entered, as long as both parties agree.
What does it means once the contract is signed?
After the contract is signed, a couple is legally married (in Islamic law) and enjoy all the rights and responsibilities of marriage.
Does Halal Weddings perform temporary marriages?
Temporary marriage/Mut’a – fixed term or temporary marriages are different names for the Arabic word mut’a. The temporary marriage, or nikah mut'ah, is an ancient Islamic practice that unites man and woman as husband and wife for a limited time. PLEASE NOTE, NONE OF THE OFFICIANTS ON THIS WEBSITE WILL PERFORM A TEMPORARY MARRIAGE, A FIXED TERM MARRIAGE OR A NIKAH MUT'AH
Do I need a marriage license?
Our Imams will not perform a nikah without a legal marriage license. There are no exceptions to this rule.
In general - While you are free to marry Islamically without a marriage license, your marriage will not be recognized as a legal marriage under California law, and as such, your rights under the laws of the State of California will not be protected.
In general - While you are free to marry Islamically without a marriage license, your marriage will not be recognized as a legal marriage under California law, and as such, your rights under the laws of the State of California will not be protected.
Can I get married without a license?
Our Imams will not perform a nikah without a legal marriage license. There are no exceptions to this rule.
In general - While you are free to marry Islamically without a marriage license, your marriage will not be recognized as a legal marriage under California law, and as such, your rights under the laws of the State of California will not be protected.
In general - While you are free to marry Islamically without a marriage license, your marriage will not be recognized as a legal marriage under California law, and as such, your rights under the laws of the State of California will not be protected.
What are the requirements of the officiant if I want the marriage to be filed with the County Recorder’s office?
The minister/officiant must:
Sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:
(a) The fact, date (month, day, year), and place (city and county) of solemnization.
(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage or of the denomination of which that person is a priest, minister, rabbi or other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print his or her name and mailing address.
(Calif. Fam. Code section 422.)
Sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following:
(a) The fact, date (month, day, year), and place (city and county) of solemnization.
(b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage or of the denomination of which that person is a priest, minister, rabbi or other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print his or her name and mailing address.
(Calif. Fam. Code section 422.)
Do I have to have a dowry?/Do I have to give a dowry?
Mahr - This word is often translated as “dowry” but is better expressed as “bridal gift.” The bride has a right to receive a gift from the groom which remains her own property as security in the marriage. The gift is payable directly to the bride and remains her sole property, even in case of later divorce. The mahr can be cash, jewelry, property, or any other valuable asset. Either full payment or an agreed-upon payment schedule is required at the time of contract signature. The mahr may also be deferred until termination of the marriage through death or divorce; in such an instance the unpaid mahr becomes a debt against the husband’s estate.
Do both the bride and groom have to agree to get married or can someone agree on the brides behalf?
Consent – Both the groom and the bride must consent to the marriage, verbally and in writing. This is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul). A first-time bride is usually represented in the contract negotiations by her Wali, a male guardian who looks out for her best interests. Even so, the bride must also express her willingness to enter into marriage. Consent cannot be obtained from those who are legally unable to give it, i.e. people who are incapacitated, minor children, and those who have physical or mental impairments which limit their capacity to understand and consent to a legal contract.
How can I get a refund?
Getting a refund is simple and straight forward. Please contact us. You can also contact us directly and we can get you a refund. The refund must be submitted before the date of the wedding by 2 weeks and usually takes between 5-7 business days to show back up on your credit card.
ARE YOU OFFERING VIRTUAL NIKAH, OR WEDDING SERVICES DURING COVID-19?
Yes! Many of our Imams are offering virtual nikah services so you can get married from the comfort and safety of your own home. Head over to 'Our Imams' or 'Request an Imam' to see who offers virtual nikah services.
Are you offering in-person nikahs during COVID-19?
Our Imams will still travel to your location during the pandemic as long as the gathering is small and all parties are taking COVID-19 precautions such as: wearing a mask, maintaining a social distance of six feet and provided that no one in your party is experiencing COVID-19 symptoms.