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Marriage contract

Pillars, wali, witnesses, mahr, walimah, mahram. Arranged by the most frequently asked questions.

🧭 Preparation & choosing a spouse💍 Khitbah & engagement📜 The marriage contract (akad nikah)🏡 Rights & responsibilities🕌 Worship in the home🤍 Character & conduct between spouses🧒 Raising children (tarbiyah)💰 Family finances⚖️ Polygyny: rulings & justice🏛️ Polygyny: the law🤝 Existing wife & prospective wife🕊️ Conflict & resolution🚪 Divorce, ʿiddah & rujuk🌍 Children, inheritance & global🧭 Regional & the Middle East
1What are the pillars of marriage in Islam?
In the Shafi'i school, there are five pillars of marriage: the groom, the bride, the wali, two witnesses and the sighah (offer and acceptance).
If any pillar is missing, the contract is invalid. Each pillar also has its conditions: the groom and bride must be specific persons, not mahram to each other and not in ihram; the wali must be a qualified Muslim man; the witnesses two upright Muslim men; and the words of offer and acceptance must be clear, continuous and without a time limit. In Malaysia, the contract must also follow the procedure in the state Enactment and be registered. See the full summary in Marriage Essentials and Marriage contract.
Difference between schools. The Hanafi school does not make the wali a pillar for an adult woman of sound mind, while the Maliki school does not require witnesses at the contract but requires a public announcement before consummation.
Surah an-Nisa' 4:3Sunan Abu Dawud 2085 (sahih)Sunan Abu Dawud 2083 (sahih)

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2Is a marriage without a wali valid?
According to the Shafi'i, Maliki and Hanbali schools, a marriage without a wali is invalid.
The Prophet ﷺ said: "There is no marriage except with a wali." He also said that any woman who marries without her wali's permission, her marriage is void. The wali's role is to protect the woman's interests, not to dominate her. If a woman has no wali by lineage, or the wali refuses without a Shariah reason, the right passes to a judge-guardian (wali hakim) appointed by the religious authority. In Malaysia, the marriage of a Muslim woman without a valid wali will not be registered. See The marriage guardian (wali).
Difference among the schools. The Hanafi school allows an adult woman of sound mind to marry herself to a compatible partner, but Islamic family law in Malaysia follows the majority view, which requires a wali.
Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Sunan Abu Dawud 2083 (sahih)Jami' at-Tirmidhi 1102 (hasan)

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3Who is entitled to be wali and in what order?
The order of wali by lineage (wali nasab) in the Shafi'i school is: father, paternal grandfather (and upwards), full brother, paternal half-brother, nephew (son of the full brother, then of the paternal half-brother), paternal uncle (full, then paternal half), and male cousin (son of that uncle).
The nearer wali (aqrab) must take precedence; a more distant wali (ab'ad) cannot conduct the marriage while a qualified aqrab wali exists. A maternal half-brother and a maternal uncle are not wali nasab. If there is no wali nasab at all, the wali hakim takes over. See Marriage wali.
Surah an-Nisa' 4:25Sunan Abu Dawud 2083 (sahih)

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4What are the conditions for a person to qualify as a marriage wali (guardian)?
A wali must be Muslim, male, adult, of sound mind, free, not in ihram and not under coercion.
In the Shafi'i school, the wali must also be upright (not fasiq), although many later Shafi'i scholars accept a fasiq wali because general sinfulness is hard to avoid; this view is the one commonly practised, and specific cases should be referred to the religious affairs office. A wali who is insane, below puberty or in ihram for hajj/umrah cannot conduct a marriage; the right then passes either to the more distant wali (ab'ad) or to the wali hakim, depending on the situation. A non-Muslim father cannot be wali to his Muslim daughter. Refer to Marriage wali.
Differences between the schools. The Hanafi school does not require the wali to be upright ('adl).
Surah at-Taubah 9:71Sahih Muslim, Kitab an-Nikah

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5What is a wali hakim and when is one used?
A wali hakim is the ruler or an official appointed by the religious authority to marry off a woman when the wali by lineage (wali nasab) cannot act.
Situations include: there is no wali by lineage at all; the nearest wali is more than two marhalah away (about 91 km) and cannot appoint a representative; the wali is missing and his whereabouts unknown; the wali is in ihram; the wali refuses without a Shariah reason (wali adhal); or the wali himself wishes to marry the woman (for example a cousin). The basis is the Prophet's ﷺ saying: "The ruler is the wali of one who has no wali." In Malaysia, using a wali hakim usually requires an order or permission from the Syariah Court/religious affairs office. See Marriage wali.
Sunan Abu Dawud 2083 (sahih)Jami' at-Tirmidhi 1102 (hasan)

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6My father refuses to marry me off without a reasonable cause. What can be done?
If a father refuses without a valid religious reason to marry his daughter to a man of suitable standing (sekufu), this is called wali adhal, and you may apply to the Syariah Court for a wali hakim (judge as guardian).
Allah forbids guardians from preventing women from marrying partners they have agreed upon in a proper manner. The court will hear both parties; if the father's reasons are reasonable (for example the prospective husband is not of suitable standing in religion, or poses a risk), the application may be rejected. Give priority to family discussion and counselling first, because parents' blessing brings barakah. Refer to your state's enactment and The marriage wali.
Surah al-Baqarah 2:232Sahih al-Bukhari 5130Sunan Abu Dawud 2083 (sahih)

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7May a father force his daughter to marry?
In the Shafi'i school, the father or grandfather is regarded as wali mujbir for a virgin daughter, but this power is bound by strict conditions and asking the daughter's permission is still required.
The conditions include: no enmity between father and daughter, the prospective husband is of suitable standing and able to pay the mahr, and the mahr is not less than the customary mahr (mahr mithil). The Prophet ﷺ said that a virgin's permission must be sought, and he annulled the marriage of Khansa' binti Khidam, who was married off without her consent. In Malaysia, state enactments require the consent of both parties before a marriage is registered. See The marriage wali.
Difference between schools. The Hanafi school does not recognise compulsion (ijbar) over an adult woman; her consent is required, whether she is a virgin or previously married.
Sahih al-Bukhari 5136Sahih Muslim, Kitab an-NikahSahih al-Bukhari 5138

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8Is a virgin's silence counted as consent to be married?
Yes, a virgin's silence counts as permission, while a previously married woman must state her consent clearly.
The Prophet ﷺ said that a previously married woman is not married until her opinion is sought, and a virgin is not married until her permission is sought; when asked how a virgin gives permission, he answered: "She is silent." This is because of modesty. But if the virgin weeps in disagreement or states an objection, her silence can no longer be taken as permission. In Malaysian practice, the bride usually signs a consent form before the registrar. See Marriage wali.
Sahih al-Bukhari 5136Sahih Muslim, Kitab an-Nikah

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9My father lives abroad. Who becomes the wali?
A father can delegate (tawkil) his authority as wali to another person, such as the marriage officiant or an imam, and this is the simplest way.
A wali's delegation (wakalah) can be made in writing through an official form certified by the religious affairs office or an embassy. If the father cannot be contacted and is more than two marhalah away, the Shafi'i school transfers the right to the wali hakim, not to a wali ab'ad such as a grandfather or brother. Make sure the wakalah documents are complete, as the registrar will check them. Refer to The marriage wali and your district religious affairs office.
Difference between schools. The Hanafi and Hanbali schools transfer the right to the wali ab'ad (the next guardian in line) if the nearest wali (wali aqrab) is far away, not directly to the wali hakim.
Sunan Abu Dawud 2083 (sahih)

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10May the wali appoint the marriage registrar or imam to conduct the marriage?
Yes. A wali may delegate the authority to conclude the marriage to another person who meets the conditions of a wali.
This delegation (wakalah) is common in Malaysia: the father says "I appoint you to marry off my daughter …" to the marriage officiant (jurunikah) or Assistant Registrar. The deputy must act within the limits given, for example the name of the prospective husband and the amount of the mahr. The wali may still conduct the marriage himself, and this is preferable if he can pronounce the offer (ijab) correctly. The prospective husband may also delegate the acceptance (qabul) in certain circumstances with the registrar's permission. See The marriage wali.
Sunan Abu Dawud 2083 (sahih)

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11What are the conditions for marriage witnesses?
Marriage witnesses must be two Muslim men who are adult, of sound mind, free, upright, and able to hear, see and understand the words of ijab and qabul.
The presence of witnesses makes the marriage known and protects the wife's rights and the children's lineage. Witnesses must be present at the contract ceremony and hear the words themselves. The wali conducting the marriage cannot count as one of the witnesses. In practice, the witnesses sign the marriage register. See Marriage contract.
Differences between the schools. The Hanafi school accepts one man and two women as witnesses; the Maliki school does not require witnesses at the contract, but the marriage must be announced before consummation.
Surah at-Talaq 65:2Sunan Abu Dawud 2085 (sahih)

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12May women be marriage witnesses?
In the Shafi'i school, marriage witnesses must be two men; women witnesses are not sufficient to validate the contract.
This view is also held by the Maliki and Hanbali schools, and it is the practice in Malaysia. Women may still attend and witness the ceremony, but their presence does not replace the two male witnesses. This is not about lowering women's standing, but a specific ruling in the chapter of marriage according to the majority of jurists. See Marriage contract.
Difference among the schools. The Hanafi school accepts the testimony of one man together with two women for a marriage contract.
Surah al-Baqarah 2:282Surah at-Talaq 65:2

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13May the bride's father or brother be a marriage witness?
In general family members may be witnesses provided they meet the conditions for witnesses, except a person who is acting as wali in that contract.
For example, if the father is the wali, the bride's brother may be a witness. But if the brother is the wali (because the father has died), he cannot also be a witness. Some Shafi'i scholars discuss the issue of witnesses who are children of the couple, so to avoid doubt many religious affairs offices encourage witnesses from outside the family who are known to be upright. Follow your state religious affairs office's guidelines. See Marriage contract.
Surah at-Talaq 65:2

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14What are valid words of offer and acceptance (ijab qabul)?
The offer (ijab) is spoken by the wali (or his representative) and the acceptance (qabul) by the groom, in clear, continuous and matching words.
Example of the offer: "I marry you to Aisyah binti Ahmad with a dower of RM300 in cash." Acceptance: "I accept the marriage of Aisyah binti Ahmad with a dower of RM300 in cash." The conditions: it uses the word for marriage (or its translation), is not interrupted by a long unrelated matter, the acceptance matches the offer, and it is not made conditional on a future event or limited in time. The words may be in any language understood by all parties. See Marriage contract.
Surah an-Nisa' 4:21Sahih Muslim, Kitab an-Nikah

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15If the words of acceptance (qabul) are said wrongly or falteringly, how many times must they be repeated?
There is no set limit; the words are repeated until the offer and acceptance are complete and confirmed by the witnesses.
The contract is valid as soon as a correct acceptance, continuous with the offer, is spoken once. A slip with a name, a wrong dower amount or too long a pause may lead the witnesses or officiant to ask for a repeat, and that affects nothing. There is no need to feel pressured; the words need not be said in one breath, only not interrupted by something else that breaks the continuity. Practising the words before the ceremony helps a great deal. See Marriage contract.
Surah al-Baqarah 2:286

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16Must the offer and acceptance (ijab qabul) be in Arabic?
No. According to the authoritative view of the Shafi'i school, the offer and acceptance are valid in any language as long as the meaning is clear and understood by the wali, the husband and the witnesses.
In Malaysia, the words are usually said in Malay. For foreign couples or converts, the words may be said in English or another language, and the religious affairs office may provide an interpreter so that the witnesses understand. What matters is using words that carry the meaning of marriage, not vague words such as "gift" or "hand over". See Marriage contract.
Difference between schools. Some Hanbali scholars give preference to Arabic wording for those who are able, but still validate other languages for those who are not.
Surah Ibrahim 14:4

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17Is a marriage contract by video call or online valid?
This is a contemporary matter of difference; many Shafi'i scholars require the wali, the groom and the witnesses to be physically present in one sitting, so a contract by video is not accepted by most religious affairs offices in Malaysia.
Some contemporary scholars permit it if all parties can be seen and heard live without doubt. The safe solution is for a wali or groom who is far away to appoint a representative who attends in person. During the pandemic, some states granted specific relaxations under guidelines. Always consult your state Islamic Religious Department before planning. See Marriage contract.
Sunan Abu Dawud 2085 (sahih)

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18Must the bride be present at the marriage contract?
It is not required as a pillar; the contract takes place between the wali and the groom before two witnesses.
The bride is not the party who pronounces the offer (ijab) in the Shafi'i school, so her presence is not a condition. However, her consent must be obtained first, and in Malaysia she usually has to sign a consent document and is questioned by the registrar. Most brides attend because of custom and for the paperwork. See Marriage contract.
Sahih al-Bukhari 5136

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19What is the mahr (dower) and is it obligatory?
The mahr (mas kahwin) is the wife's property, which the husband must give because of the marriage contract.
Allah says: "And give the women their mahr as an obligatory gift." Stating the mahr in the contract is recommended, but if it is not stated, the contract is still valid and the wife is entitled to mahr mithil. The mahr belongs entirely to the wife, not to her father or family; the husband may not take it back without her willing consent. See Mahr and Rights of husband & wife.
Surah an-Nisa' 4:4Surah an-Nisa' 4:24Surah an-Nisa' 4:20

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20What is the difference between the mahr (dower) and hantaran money?
The mahr (dower) is obligatory under the Shariah and belongs to the wife; hantaran is custom and not obligatory.
The mahr is stated in the contract and its amount usually follows the minimum set by the state Religious Council. Hantaran money is a Malay customary gift to help with wedding expenses, and its amount is agreed between the families. Islam does not forbid hantaran as long as it is not burdensome and does not become an obstacle to marriage. Scholars encourage moderation because an easy marriage is more blessed. Do not take on large debts just for hantaran. See Mahr.
Surah an-Nisa' 4:4Surah al-Isra' 17:27

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21What are the lowest and highest amounts of mahr (dower)?
The Shariah sets no minimum or maximum for the mahr in the Shafi'i school, so long as it is something of value and lawful.
The Prophet ﷺ once told a Companion to look for a mahr "even if only an iron ring". The Qur'an, for its part, mentions a "qintar" (a great amount of wealth), showing that a high mahr is not forbidden. The mahr of the Prophet's ﷺ wives was twelve and a half uqiyah (500 dirhams). In Malaysia, each state sets a minimum mahr through its Religious Council; check the current rate in your state. Moderation is more encouraged. See Mahr.
Difference between schools. The Hanafis set a minimum of 10 dirhams and the Malikis 1/4 dinar or 3 dirhams; the Shafi'is and Hanbalis have no minimum.
Surah an-Nisa' 4:20Sahih Muslim, Kitab an-Nikah

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22Can the mahr (dower) be paid as a debt or in instalments?
Yes. The mahr may be paid in cash, partly in cash and partly as a debt, or entirely as a debt, with the wife's agreement.
A deferred mahr remains a debt owed by the husband that must be settled, and it does not lapse with the passing of time. If the husband dies, the balance of the mahr is paid from his estate before the faraid is distributed. A mahr owed as a debt should be recorded clearly in the marriage register to protect the wife's rights. See Mahr and Faraid.
Surah an-Nisa' 4:4Surah al-Baqarah 2:282

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23Can the mahr (dower) be Qur'an memorisation, a set of prayer items or an umrah package?
Yes, as long as the mahr is something of value whose benefit can be handed over to the wife.
The Prophet ﷺ married a Companion who had no wealth with the mahr of teaching the surahs of the Qur'an he had memorised. So teaching the Qur'an, or items such as a set of prayer garments, gold or an umrah package, may be given as mahr. A mere recitation of the Qur'an at the ceremony with no benefit to the wife is not sufficient according to many scholars; what counts is the teaching. In Malaysia, make sure the mahr meets the state's minimum rate. See Mahr.
Difference of madhhab. The Hanafi school does not accept teaching the Qur'an as mahr and requires the customary mahr (mahr mithil) instead.
Sahih Muslim, Kitab an-NikahSurah an-Nisa' 4:24

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24May a wife waive or return her mahr (dower)?
Yes, if it is by the wife's own free will without pressure.
Allah says: "But if they willingly remit to you any part of their mahr, then enjoy it (make use of the gift) as something wholesome and pleasant." Its lawfulness depends on genuine consent; the husband may not force, press or threaten his wife into giving up her mahr. It is best for the waiver to be recorded in writing to avoid disputes later. See Mahr.
Surah an-Nisa' 4:4Surah an-Nisa' 4:20

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25If divorced before consummation, does the wife get the full mahr (dower)?
The wife is entitled to half the mahr that was agreed if she is divorced before consummation.
Allah says that if you divorce wives before touching them when the mahr has been agreed, pay half of what was agreed, unless the wife or the wali forgoes it. If no mahr was agreed, the wife is entitled to mutʿah (consolatory gift). If either spouse dies before they have been together, the full mahr becomes the wife's right. See Mahr.
Difference of madhhab. The Hanafis and Hanbalis require the full mahr if a valid seclusion (khalwah sahihah, being alone together without impediment) took place even without intercourse; the Shafi'is (qaul jadid) require only half.
Surah al-Baqarah 2:237Surah al-Baqarah 2:236

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26What is mahr mithil?
Mahr mithil is the equivalent mahr customarily received by women of her standing in her father's family, such as her sisters or paternal aunts.
It is required when no mahr was stated in the contract, when the stated mahr is invalid (for example, something forbidden), or in the case of a marriage annulled after consummation. A Companion once ruled a mahr equal to that of other women for a woman whose husband died before fixing the mahr, and the Prophet ﷺ confirmed that ruling. Setting it takes into account age, beauty, education and status. See Mahr.
Surah an-Nisa' 4:4Narrated by Abu Dawud and at-Tirmidhi (sahih) — the case of Barwa' binti Wasyiq

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27What is the ruling on holding a wedding feast (walimah)?
The walimatul urus is a strongly recommended sunnah (sunat muakkad) according to the authoritative view of the Shafi'i school.
The Prophet ﷺ said to Abdul Rahman bin Auf: "Hold a walimah even if with a single sheep." The walimah serves to announce the marriage and give thanks for the blessing. It need not be lavish; what matters is that it is lawful, modest and not wasteful. A feast that invites only the rich and leaves out the poor was described by the Prophet ﷺ as the worst of food. See Walimah.
Difference between schools. Some Shafi'i and Zahiri scholars hold that the walimah is obligatory, based on the command in the hadith.
Sahih Muslim, Kitab an-NikahSahih al-Bukhari 5177

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28Is it obligatory to accept an invitation to a wedding feast?
Attending a wedding feast (walimatul urus) is obligatory according to the Shafi'i school, if the invitation is addressed to you personally and you have no valid excuse.
The Prophet ﷺ said: "When one of you is invited to a walimah, let him attend it." The obligation lapses if there is a valid religious excuse, such as illness, long distance, or wrongdoing at the event that one cannot prevent. A general invitation (for example an open social media announcement) does not carry the same obligation. If you are observing a voluntary fast, attend and pray for the host. See Walimah.
Sahih al-Bukhari 5173Sahih Muslim, Kitab an-Nikah

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29When should the wedding feast (walimah) be held, before or after the contract?
The walimah is held after the marriage contract; its timing is broad, either immediately after the contract or after the couple have consummated the marriage.
Scholars differ on the best time: some Shafi'i scholars hold it is after consummation (dukhul) because of the Prophet's ﷺ practice, while others hold it is immediately after the contract. A feast held before the contract is not technically a walimatul urus, but it is fine as an ordinary meal. In Malaysian practice, the contract is often held a day or a few hours before the feast, and that is permitted. See Walimah.
Sahih Muslim, Kitab an-Nikah

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30Which women are forbidden in marriage for ever?
Mahram women who may never be married fall under three causes: lineage (nasab), marriage ties (musaharah) and breastfeeding.
Lineage: mother, daughter, sister, aunt (paternal and maternal), niece. Marriage ties: mother-in-law, stepdaughter (if one has been intimate with her mother), daughter-in-law, and stepmother. Breastfeeding: the same as lineage, for example a foster mother and foster sisters. This list is given in Surah an-Nisa' verse 22–23. See Mahram.
Surah an-Nisa' 4:22Surah an-Nisa' 4:23Sahih Muslim, Kitab ar-Radha'

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31May one marry one's wife's sister?
It is forbidden to be married to two sisters at the same time; but it is not a permanent prohibition.
Allah forbids "taking two sisters together". The Prophet ﷺ also forbade joining a woman with her aunt (paternal or maternal). If the wife dies, or is divorced and her ʿiddah has ended, only then may the man marry his former wife's sister. A contract with the sister while the wife is still married to him or in the ʿiddah of a revocable (raj'i) talaq is invalid. See Mahram.
Surah an-Nisa' 4:23Sahih al-Bukhari 5109Sahih Muslim, Kitab an-Nikah

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32May one marry a cousin?
Yes. A cousin is not a mahram and Islam permits marriage between cousins.
The Qur'an mentions the lawfulness of the daughters of paternal and maternal uncles and aunts for the Prophet ﷺ, and he himself married Fatimah to Ali, his cousin. However, some advise genetic screening for families with a history of hereditary disease, as a precaution. Remember too that if the male cousin is the woman's wali, he may not marry her to himself; a wali hakim is needed. See Mahram.
Surah al-Ahzab 33:50Surah an-Nisa' 4:24

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33Does a mother-in-law remain mahram after divorcing one's wife?
Yes. A mother-in-law becomes mahram for ever as soon as there is a valid marriage contract with her daughter, even before consummation and even if there is a divorce or the wife dies.
Allah mentions "your wives' mothers" in the list of women forbidden without condition (4:23). Likewise, a father-in-law remains mahram to his daughter-in-law, and a stepmother is permanently mahram (4:22). So a son-in-law may shake hands with his mother-in-law and it does not break wudu according to the Shafi'i school. By contrast, a stepdaughter (the wife's daughter) only becomes mahram if the husband has consummated the marriage with her mother; if they divorce before consummation, the stepdaughter may be married. See Mahram.
Surah an-Nisa' 4:23Surah an-Nisa' 4:22Surah an-Nur 24:31

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34How many breastfeedings make a person mahram?
In the Shafi'i school, breastfeeding makes a person mahram if there are five separate, satisfying feeds while the baby is under two years old.
Sayyidah Aishah narrated that the final ruling was five known feeds. Breastfeeding makes people mahram just as lineage does: the foster mother, her husband and their children become mahram. If the number or the age is in doubt, consult the mufti or religious affairs office before marrying, especially for adopted children or milk banks. See Mahram.
Difference between schools. The Hanafi and Maliki schools hold that a little or a lot of breastfeeding already makes a person mahram.
Surah an-Nisa' 4:23Surah al-Baqarah 2:233Sahih Muslim, Kitab ar-Radha'Sahih al-Bukhari 2645

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35May one marry a woman who is still in her ʿiddah?
It is forbidden and invalid to marry a woman in her ʿiddah, whether the ʿiddah of talaq or the ʿiddah of her husband's death.
Allah says: "And do not resolve on the marriage contract until the prescribed term is fulfilled." Even an explicit proposal to a woman in the ʿiddah of a revocable (raj'i) talaq is forbidden; for the ʿiddah of death or an irrevocable (ba'in) talaq, only an indirect hint is permitted. A contract made during the ʿiddah requires the couple to be separated, and if they have been intimate, the woman must complete her ʿiddah. See ʿIddah & reconciliation.
Surah al-Baqarah 2:235Surah al-Baqarah 2:228Surah al-Baqarah 2:234

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36May one marry a woman who is pregnant out of wedlock?
This is a disputed issue. The Shafi'i school permits a contract with a woman pregnant through zina, whether by the man who committed zina with her or another man, because a pregnancy from zina does not require an ʿiddah.
The Hanbali school, however, requires the woman to repent and wait until she gives birth. Nevertheless, the contract does not make the child legitimate if born less than six lunar months from the date of the akad; questions of the child's lineage, wali and inheritance are subject to the state fatwa. Seek advice from the religious affairs office and a counsellor. See Custody (hadhanah) & lineage and Counselling.
Difference between schools. The Hanbalis require repentance and an ʿiddah (until she gives birth); the Malikis also require that the woman's womb first be confirmed clear.
Surah al-Furqan 25:70Surah al-Ahqaf 46:15

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37What is the ruling on nikah mut'ah (contract marriage)?
Nikah mutʿah, that is a marriage with a fixed term, is forbidden and void according to all four Sunni schools.
It was once permitted in the early days of Islam in certain circumstances, then forbidden until the Day of Judgement. The Prophet ﷺ said: "Indeed Allah has forbidden it until the Day of Judgement." Nikah mutʿah does not give the rights to maintenance, inheritance and protection that are the purpose of marriage. In Malaysia, this practice is not recognised and may attract action under state Syariah law. See Nikah siri, misyar & urfi.
Sahih Muslim, Kitab an-NikahSurah al-Mu'minun 23:5Surah al-Mu'minun 23:6Surah al-Mu'minun 23:7

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38Is a marriage valid if contracted with the intention of divorcing after a certain period?
If the term is not stated in the contract, the majority of scholars hold that the contract is legally valid, but the intention to deceive the spouse is condemned and some scholars forbid it.
This differs from a mutʿah marriage, whose term is stipulated in the contract and which is void. Yet a marriage planned to end in divorce, without the wife's knowledge, runs against the purpose of marriage, namely tranquillity and love, and can wrong women. Most contemporary scholars discourage it. See Siri, misyar & ʿurfi marriages.
Difference among the schools. The Hanbali school (well-known view) and Imam al-Auza'i consider it the same as mutʿah marriage and invalid.
Surah ar-Rum 30:21Sahih Muslim, Kitab an-Nikah

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39What is a misyar marriage and is it valid?
A misyar marriage is a marriage that fulfils its pillars and conditions, but the wife willingly gives up some of her rights such as maintenance for housing or her nightly turn.
Some contemporary scholars consider it valid because the pillars of marriage are complete, although it is not encouraged. Other scholars criticise it because it can undermine women's rights and family stability, and the wife is entitled to reclaim the rights she gave up. In Malaysia, every marriage must be registered and follow the procedure, including polygyny permission where relevant. This is not a shortcut to a secret marriage. See Nikah siri, misyar & urfi.
Surah an-Nisa' 4:4Surah an-Nisa' 4:19

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40Is a nikah siri or an unregistered marriage valid?
A marriage that fulfils its pillars and conditions (including a wali and two witnesses) may be valid in fiqh, but failing to register it is an offence under the state Enactment and exposes the wife and children to great risk.
Without registration, the wife will find it hard to claim maintenance (nafkah), jointly acquired matrimonial property (harta sepencarian) and inheritance, and the children will find it hard to obtain documents. A secret marriage without a wali or witnesses is invalid. If a marriage took place without registration, apply at once for confirmation and registration at the Syariah Court. Never keep a marriage secret. See Nikah siri, misyar & urfi and States.
Sunan Abu Dawud 2085 (sahih)Narrated by at-Tirmidhi and an-Nasa'i (hasan) — the hadith on beating the tambourine as what distinguishes the lawful from the unlawful

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41What is a syighar marriage?
A syighar marriage is the exchange of daughters or sisters in place of mahr: "I marry my daughter to you on condition that you marry your daughter to me," with no mahr for either.
The Prophet ﷺ clearly forbade syighar marriage. In the Shafi'i school, such a contract is invalid because one woman's marriage is made the mahr for another woman, denying them their right to mahr. If two families marry their children to each other, each with its own separate mahr and without a condition of exchange, that is not syighar. See Mahram.
Difference between schools. The Hanafi school regards the contract as valid but the exchange condition as void, and each woman is entitled to mahr mithil.
Sahih al-Bukhari 5112Sahih Muslim, Kitab an-Nikah

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42What is the ruling on a cina buta (muhallil) marriage to return to a former husband?
A muhallil marriage (cina buta), that is, marrying solely so that a woman divorced three times becomes lawful for her former husband again, is forbidden, and the Prophet ﷺ cursed the muhallil and the man for whom she is made lawful.
The Qur'an states that a woman divorced three times is only lawful for her former husband after she marries another man genuinely, they are intimate, then they divorce or the husband dies naturally, and her ʿiddah ends (2:230). The second marriage must take place out of a genuine wish to build a home. If the condition "divorce after intimacy" is stated in the contract, the contract is invalid in the Shafi'i school; if it is merely intended, the schools differ.
Such schemes degrade the dignity of women and of marriage. If you are in a situation of three talaq, accept that outcome and seek guidance. See Rujuk & Remarriage.
Difference among the schools. If the intention of tahlil is not stated in the contract, the Shafi'i and Hanafi schools consider the contract valid though disliked (makruh); the Maliki and Hanbali schools consider it void.
Surah al-Baqarah 2:230Sunan Abu Dawud 2076 (sahih)Jami' at-Tirmidhi 1120 (sahih)

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43May a Muslim man marry a Christian or Jewish woman?
The Qur'an permits a Muslim man to marry a chaste woman of the People of the Book, but scholars set conditions and many advise avoiding it.
The Shafi'i school requires that the woman be descended from those who followed that religion before it was abrogated, a condition hard to establish today. Concerns also involve the children's religious upbringing. In Malaysia, state Enactments only register marriages between Muslims, so the partner usually has to embrace Islam first. Refer to Interfaith & converts.
Difference of madhhab. The majority of Hanafis, Malikis and Hanbalis accept present-day People of the Book with the ruling of makruh (disliked), without a lineage condition as strict as the Shafi'i one.
Surah al-Ma'idah 5:5Surah al-Baqarah 2:221

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44May a Muslim woman marry a non-Muslim man?
No. A Muslim woman is forbidden to marry a non-Muslim man, including one of the People of the Book, and such a contract is invalid.
Allah says: "They (believing women) are not lawful for the disbelievers, nor are the disbelievers lawful for them." If the prospective husband wishes to marry, he must first sincerely embrace Islam and be registered as a convert. A civil marriage abroad with a non-Muslim man is not recognised as a marriage under the Shariah. See Interfaith & converts.
Surah al-Mumtahanah 60:10Surah al-Baqarah 2:221

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45Who is the wali of a convert woman whose family is not Muslim?
The wali of a convert woman who has no Muslim male relatives is the wali hakim.
A non-Muslim father cannot be the wali of his Muslim daughter, because guardianship in marriage requires Islam. If a male relative in the order of guardians has embraced Islam (for example a brother), he becomes the wali according to that order. The state religious affairs office will arrange the wali hakim. Respect and inform the birth family as a kindness, even though they are not the wali. See Interfaith & converts.
Surah at-Taubah 9:71Surah an-Nisa' 4:141Sunan Abu Dawud 2083 (sahih)

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46What is the ruling on eloping to marry without the wali's permission?
Eloping without a lawful wali or without a recognised wali hakim is invalid according to the Shafi'i school and carries great risk.
Many couples claim to have used a "wali hakim" who is not accredited; such a contract may be considered invalid and need to be repeated. If the wali refuses without a Shariah reason, the right path is to apply for a wali hakim through the Syariah Court. A marriage abroad must also be registered in Malaysia within the set period; failure to do so is an offence. See Marriage guardian and Nikah siri, misyar & urfi.
Sunan Abu Dawud 2083 (sahih)Surah al-Baqarah 2:232

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47May the marriage contract be held at home, or must it be in a mosque?
Yes — the place is not a condition for a valid contract; a marriage is valid at home, in a hall or in a mosque as long as its pillars and conditions are complete.
The pillars of marriage are the groom, the bride, the wali, two witnesses and the offer and acceptance; none of them relates to the location. Holding the contract in a mosque is a good practice common in Malaysia, but the narration telling people to hold marriages in the mosque is graded weak by hadith scholars, so it is not an obligation. What is required is that the marriage is announced, not kept secret.
In Malaysia, wherever the contract is held, it must be conducted by an authorised marriage registrar or official after permission to marry has been obtained, and registered under the state Enactment. Check the location requirements and fees with your district religious affairs office. See Marriage Contract and Procedure.
Narrated by Ahmad — "Announce the marriage" (hasan)Narrated by at-Tirmidhi — the addition "hold it in the mosque" is graded da'if (weak)refer to the state Enactment (marriage registration)

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48What is tajdid nikah (renewal of marriage) and when is it needed?
Tajdid nikah means renewing the marriage contract between the same couple, usually because of doubt about the validity of the original contract.
For example, the wali used before was not qualified, the witnesses did not meet the conditions, or something happened that is feared to affect the marriage. Tajdid is not the same as rujuk (taking back) and does not erase the number of talaqs that have occurred. A new mahr is usually stated. If there is a possibility that a talaq has taken effect, the couple must go to the Syariah Court for confirmation first, not merely do a tajdid. Consult the state religious affairs office. See Marriage contract.
Surah al-Baqarah 2:229Surah al-Baqarah 2:232

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49Is the marriage sermon (khutbah nikah) obligatory before the contract?
The marriage sermon is recommended (sunat), not a pillar; the contract is valid without it.
The Prophet ﷺ taught the khutbah al-hajah, which begins with praise of Allah, the testimony of faith, and recitation of the verses on taqwa (Surah Ali 'Imran 3:102, an-Nisa' 4:1 and al-Ahzab 33:70–71). This sermon reminds the couple of taqwa and responsibility. In Malaysia, the marriage officiant usually gives a short sermon and advice before the contract. Couples are encouraged to listen attentively, as it summarises the trust of married life. See Marriage contract.
Surah Ali 'Imran 3:102Surah an-Nisa' 4:1Surah al-Ahzab 33:70Narrated by Abu Dawud and at-Tirmidhi (sahih) — khutbah al-hajah

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50What is a "nikah gantung", and what are the rights and responsibilities after the contract if the couple do not yet live together?
A nikah gantung is a valid marriage contract where the couple do not yet live together, usually because of studies or waiting for the reception; in the Shariah they are fully husband and wife.
A contract that meets the pillars makes marital relations lawful and establishes the marital relationship. Its effects: the mahr becomes the wife's right; if they divorce before consummation, she is entitled to half the mahr and there is no ʿiddah (al-Baqarah 2:237, al-Ahzab 33:49); inheritance applies if either dies; and maintenance, according to the Shafi'i school, begins when the wife makes herself available, that is, is ready to live together. Things to agree: for how long, who bears the costs, and when the reception and living together will happen. Do not keep the contract secret in a way that invites gossip; register the marriage as usual. See the question on marrying first, celebrating later.
Surah al-Baqarah 2:237Surah al-Ahzab 33:49Surah an-Nisa' 4:4

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51My father does not pray and is considered sinful (fasiq). Is he valid as my marriage guardian?
In the practice of Malaysia's religious authorities, a father who is still Muslim is generally still accepted as guardian even if lax in practice, since the view requiring an upright guardian is often eased to avoid hardship; but a father who has left Islam cannot be a guardian.
The Prophet ﷺ said there is no marriage except with a guardian (Sunan Abu Dawud 2085). In the Shafi'i school, the conditions for a guardian include being Muslim, adult, sane, male and upright; later scholars of the school discuss that a guardian's sinfulness does not cancel his guardianship when many people are lax, so that marriages are not held up. If in doubt, tell the religious office or officiant before the contract; they will decide whether he can give you in marriage or a judge-appointed guardian is needed. Use this as a chance to approach your father kindly, not to judge him. See Marriage guardian.
Sunan Abu Dawud 2085 (sahih)Surah an-Nisa' 4:25State Islamic Family Law Enactments

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52Who is the marriage guardian for a woman born outside a lawful marriage?
A judge-appointed guardian (wali hakim). A child born outside lawful marriage is not attributed to the man who fathered her, so he and his family are not her guardians by kinship.
The Prophet ﷺ ruled that the child belongs to the owner of the bed (the lawful husband), and the fornicator has no right (Sahih al-Bukhari 6749). So a woman born outside marriage, or less than six lunar months after her mother's contract (according to Malaysian practice), is given in marriage by a guardian appointed by the religious authority. This takes nothing from her dignity; sin is not inherited (al-Anʿam 6:164). The religious office will check the birth certificate and related documents. The biological father may attend and give his blessing, but does not pronounce the offer as guardian. See the question on children born outside marriage and Marriage guardian.
Sahih al-Bukhari 6749Surah al-An'am 6:164Act 303, s.110

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53May a stepfather or a half-brother act as marriage guardian?
A stepfather cannot be guardian because he is not a guardian by kinship; a half-brother through the mother only is not a guardian either, but a half-brother through the father may be, in the order of guardians.
Guardianship in the Shafi'i school follows the male agnatic relatives on the father's side: father, grandfather, full brother, paternal half-brother, and so on. A maternal half-brother and a stepfather have no agnatic tie, so they are not included. If no guardian by kinship exists or is eligible, a judge-appointed guardian gives the woman in marriage. A stepfather who raised you can be honoured at the event, for example by giving a speech or leading a prayer, without being guardian. If a guardian lives far away, he may appoint the officiant to give you in marriage. See the order of guardians.
Surah an-Nisa' 4:23Sunan Abu Dawud 2085 (sahih)State Islamic Family Law Enactments

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54A bride wants to pluck her eyebrows and wear heavy make-up for the wedding. What is the ruling?
Plucking or shaving the eyebrows (an-namas) is forbidden in the hadith; make-up and adornment for the wedding are permitted as long as they do not permanently alter creation, are not harmful, and aurat and the limits on display (tabarruj) are kept before non-mahram men.
ʿAbdullah ibn Masʿud r.a. narrated that Allah has cursed women who tattoo, who pluck facial hair (the eyebrows) and who file their teeth for beauty, changing Allah's creation (Sahih al-Bukhari 5931). Shaping eyebrows with pencil or make-up without plucking is not included in the prohibition. Allah also forbids women to display themselves as in the time of ignorance (al-Ahzab 33:33); so very striking bridal make-up is best suited to the women's part of the event. Choose a make-up artist who understands the Shariah limits, including not removing the headscarf in public. See Modesty & boundaries.
Sahih al-Bukhari 5931Surah al-Ahzab 33:33Surah an-Nur 24:31

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55The bride's period begins on the day of the marriage contract. Is the contract still valid?
Yes, the marriage contract is valid even if the bride is menstruating; menstruation is not among the conditions for a valid marriage.
The pillars of marriage are the couple, the guardian, two witnesses and the offer and acceptance, and no text requires a woman to be free of menstruation at the contract. What is forbidden during menstruation is intercourse (al-Baqarah 2:222), so the couple must wait until the bleeding stops and the wife takes the obligatory bath before being intimate. Intimacy without intercourse is permitted within its limits. If there is a custom of the bride reciting prayers or Quran, a menstruating woman may supplicate and remember Allah. There is no need to change the date or feel shy to say so; an understanding officiant and family will not question it. See the pillars of marriage and Fiqh of menstruation.
Surah al-Baqarah 2:222Sunan Abu Dawud 2085 (sahih)

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56How is the marriage contract performed for a bride or groom who is mute or deaf?
The contract is valid with understood signs or clear writing; Islam does not bar people with disabilities from marrying.
Allah does not burden a soul beyond its capacity (al-Baqarah 2:286). According to the Shafi'i school, the commonly understood signs of a mute person are accepted in contracts such as marriage and divorce, and writing may also be used if they can write. In practice, the officiant can use a trusted sign-language interpreter and make sure the witnesses understand the consent. For a mute bride, her consent to her guardian can be given by sign or in writing before the contract. Tell the religious office early so arrangements such as an interpreter can be made. See the question on persons with disabilities marrying.
Surah al-Baqarah 2:286Surah at-Taghabun 64:16Sunan Abu Dawud 2085 (sahih)

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57May one marry the widow or former wife of one's own brother?
Yes. A brother's wife is not a mahram, so after she is divorced or widowed and her ʿiddah ends, she may be married.
The list of women forbidden in marriage in an-Nisa' 4:22–24 does not include a brother's wife, and Allah states that all others beyond those mentioned are lawful (4:24). Things to make sure of: the widow's ʿiddah of four months and ten days, or the divorcee's ʿiddah, has ended; and consideration for the feelings of the family and the children. In some cases, such a marriage is a good way to care for orphaned nephews and nieces within the family. Before marriage, an in-law remains a non-mahram, so the limits of aurat and the prohibition on being alone together apply. See Mahram and Widows.
Surah an-Nisa' 4:24Surah an-Nisa' 4:23Surah al-Baqarah 2:234

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58May one marry an adopted sibling who was raised in the same home?
Yes, if there is no blood or breastfeeding tie that makes them mahram; adoption alone does not forbid marriage.
Allah affirms that adopted children are not natural children (al-Ahzab 33:4–5), and the Prophet ﷺ himself married Zaynab bint Jahsh, the former wife of his adopted son Zayd, to abolish the pre-Islamic assumption (al-Ahzab 33:37). But if one of them was breastfed by the adoptive mother or the other's mother, meeting the conditions of breastfeeding before the age of two, they become foster siblings and may not marry (an-Nisa' 4:23). Check the history of breastfeeding with the family before deciding. Also consider the feelings of the adoptive parents and the effect on the family. See the question on foster siblings.
Surah al-Ahzab 33:4Surah al-Ahzab 33:37Surah an-Nisa' 4:23

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59What is the sunnah prayer or congratulation to say to a newly married couple?
The words taught by the Prophet ﷺ are: "Barakallahu laka, wa baraka ʿalaika, wa jamaʿa bainakuma fi khayr" — may Allah bless you, shower blessings upon you, and unite you both in goodness.
Abu Hurayra r.a. narrated that when the Prophet ﷺ congratulated someone on marrying, he would say this prayer (Sunan Abu Dawud 2130). It is better than pre-Islamic wishes such as "may you have many sons", which favour one sex. The prayer can be written on a card, said when shaking hands, or sent by message. The couple are also encouraged to pray for each other with the Quranic prayer for spouses and offspring who are the comfort of our eyes (al-Furqan 25:74). See The wedding feast.
Sunan Abu Dawud 2130 (sahih)Surah al-Furqan 25:74

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60Must the bride, groom, guardian or witnesses have wudu during the marriage contract?
It is not obligatory; wudu is not a condition for a valid marriage contract, but it is encouraged as good manners because the contract is an honoured occasion.
The pillars and conditions of marriage — the couple, guardian, witnesses and offer and acceptance — do not include wudu (Sunan Abu Dawud 2085). Allah loves those who purify themselves (al-Baqarah 2:222), so performing wudu before the ceremony adds calm. In Malaysian practice, the groom and guardian often perform wudu before the contract, and after it some shake hands with their spouse; for those following the Shafi'i school, that touch breaks wudu, so they must renew it before praying. More important is understanding the words, being present calmly and listening to the marriage sermon. See The marriage contract.
Sunan Abu Dawud 2085 (sahih)Surah al-Baqarah 2:222Surah al-Ma'idah 5:6

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61May the mahr be paid by the groom's father or family?
Yes. The mahr is a debt owed by the husband to his wife, and anyone may pay it on his behalf willingly; the wife remains the full owner of the mahr.
Allah commands that the mahr be given to women as an obligatory gift (an-Nisa' 4:4). The Prophet ﷺ once married a poor Companion with a mahr of teaching the verses of the Quran he had memorised (Sahih al-Bukhari 5135), showing that the mahr is matched to means. If the father pays, it is a gift to his son, and the husband need not pay his wife again. The mahr may also be paid by bank transfer, as long as the amount is stated clearly at the contract or recorded on the marriage form. Do not take an interest-bearing loan just for the mahr or a high hantaran. See Mahr.
Surah an-Nisa' 4:4Sahih al-Bukhari 5135Surah at-Talaq 65:7

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62The father has died. May the mother act as her daughter's marriage guardian?
According to the Shafi'i school and the law in Malaysia, a mother cannot be the marriage guardian; guardianship passes to the paternal grandfather, brothers and so on, or to a judge-appointed guardian if there is none.
The Prophet ﷺ said there is no marriage except with a guardian (Sunan Abu Dawud 2085), and in the Shafi'i school the guardian must be a male agnatic relative on the father's side. This does not lower the mother; her role in choosing and advising is very important, and her blessing and views should be heard. At the ceremony, the mother may sit beside her daughter, give advice and pray. If a brother is still a child or there is no eligible guardian by kinship, the religious office will determine the right guardian, including a judge-appointed one. See the order of guardians.
Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Surah an-Nisa' 4:34

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63May a marriage contract be held in a hospital, at a sick person's home, or in another unusual place?
Yes. The Shariah does not fix the place of the contract; what matters is that the pillars and conditions are met, and in Malaysia the contract is conducted by an authorised officiant with the religious office's permission.
Act 303 s.20 concerns the place of marriage, and state enactments usually allow contracts at a mosque, the religious office or another approved place. Contracts in hospital are often held when a parent or guardian is gravely ill and wishes to witness it, or when the bride or groom is ill but still of sound mind and able to say the acceptance. Inform the religious office early for permission and arrangements for the officiant, and make sure two qualified male witnesses attend. The event can be kept simple; the feast can be held later. If the bride or groom is unconscious or not of sound mind, the contract cannot take place. See the question on where to hold the contract.
Act 303, s.20Sunan Abu Dawud 2085 (sahih)Surah al-Baqarah 2:286

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64May non-Muslim friends and relatives be invited to a wedding?
Yes, and it is good for family ties and for introducing Islam; provide suitable halal food and treat them with respect.
Allah does not forbid kindness and fairness towards non-Muslims who do not fight us (al-Mumtahanah 60:8), and the Prophet ﷺ told us to honour guests (Sahih al-Bukhari 6018). For a convert couple, inviting the non-Muslim family of origin is very important so they do not feel they have lost their child. Guidance: briefly explain the event's arrangements such as modest dress and the prayer space; make sure there is no alcohol; and they may respectfully witness religious parts such as the contract. At wedding feasts, the Prophet ﷺ criticised feasts that invite only the rich and leave out the poor (Sahih al-Bukhari 5177), so an inclusive guest list is good. See The wedding feast.
Surah al-Mumtahanah 60:8Sahih al-Bukhari 6018Sahih al-Bukhari 5177

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65The guardian or groom said the wrong name or father's name during the contract. Is the contract valid?
If the intended spouse is clear and known to everyone present, and the witnesses understand who is being married, a small error in pronouncing a name does not invalidate the contract; but the officiant usually asks for the words to be repeated correctly to avoid doubt.
The conditions of the offer and acceptance are that it is clear who the spouse is, that it is continuous and understood (Sunan Abu Dawud 2085 on the guardian and witnesses). In the Shafi'i school, a clear identification, for example "this daughter of mine" with the bride present, can cover a mistake in the name. The problem is more serious if the guardian has more than one daughter and names the other, or if a different mahr is stated. If in doubt after the ceremony, ask the religious office; they may advise renewing the contract (tajdid). Check the spelling of names on the form before the contract. See a valid offer and acceptance.
Sunan Abu Dawud 2085 (sahih)Surah an-Nisa' 4:21Surah al-Baqarah 2:282

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66May there be kompang, tambourines and nasyid at a wedding?
Yes; beating the tambourine (duff) to announce a marriage is mentioned in the hadith; what must be kept is wholesome song content, aurat and the limits of mixing.
The Prophet ﷺ said that what distinguishes the lawful (marriage) from the unlawful is the duff and the voice (Jamiʿ at-Tirmidhi 1088). Ar-Rubayyiʿ bint Muʿawwidh r.a. related that on the morning of her wedding, girls beat the duff and sang praises, and the Prophet ﷺ only corrected one line that claimed knowledge of the unseen (Sahih al-Bukhari 5147). The Malay kompang falls in the category of the duff. On other instruments scholars differ; the safe choice is kompang, tambourine and nasyid with good lyrics. Avoid songs with obscene lyrics, performances that expose the aurat, and noise that disturbs neighbours late at night. See The wedding feast.
Jami' at-Tirmidhi 1088 (hasan)Sahih al-Bukhari 5147Surah Luqman 31:6

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67What is the ruling on the custom of bersanding (sitting in state on the dais)?
Bersanding as a custom is in principle permitted if the couple are already lawfully married, cover their aurat and nothing in it conflicts with the Shariah; it becomes problematic when it involves exposing the aurat, waste or superstitious practices.
The basic ruling on customs is permissibility unless they conflict with the Shariah. A couple who have completed the contract may lawfully sit together, and announcing a marriage is encouraged. Things to avoid: tight or revealing clothing, excessive make-up and mixing before male guests, practices such as scattering yellow rice in the belief that it wards off misfortune, and dais costs paid for with debt (al-Isra' 17:26–27). Some couples choose not to bersanding, and that too is fine. Discuss with the family so custom is respected without breaching the Shariah. See The wedding feast.
Surah al-Isra' 17:26Surah al-Isra' 17:27Surah an-Nur 24:31

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68Who should hold the wedding feast (walimah) — the groom's side or the bride's?
According to the sunnah, the walimah is the husband's responsibility; but the Malay custom of holding feasts on both sides is permitted as long as it is not a burden.
The Prophet ﷺ told ʿAbd al-Rahman ibn ʿAwf r.a., who had just married: hold a walimah even if only with one sheep (Sahih al-Bukhari 5167) — the instruction was addressed to the husband. In Malaysian practice, the event at the bride's home is usually paid for by her family, and the groom's side holds a feast to welcome the bride. Both are fine if done modestly. What should be avoided is borrowing or pushing families to bear costs beyond their means, and inviting only the rich (Sahih al-Bukhari 5177). A simple feast after the contract already fulfils the sunnah. See the ruling on the walimah.
Sahih al-Bukhari 5167Sahih al-Bukhari 5177Surah al-Furqan 25:67

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69A marriage certificate or taʿliq certificate has been lost or damaged. How can a copy be obtained?
Apply for a copy or extract of the marriage register at the religious office or the Registrar of Marriage, Divorce and Ruju' in the state where the marriage was registered; make a police report if the certificate is lost, as the office requires.
Allah tells us to record and keep important matters (al-Baqarah 2:282). Act 303 requires marriage registers to be kept (s.29) and allows them to be inspected and copies made (s.43); state enactments have matching provisions. Bring both spouses' identity cards, the date and place of the contract if known, and pay the set fee. The marriage certificate is important for registering children's births, maintenance claims, property, inheritance and travel. Keep a scanned copy somewhere safe and the physical copy in a different place. If the marriage took place abroad, follow the procedure for registering foreign marriages. See Marrying abroad.
Surah al-Baqarah 2:282Act 303, s.29Act 303, s.43

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