Court marriage valid under Islamic law only if Shariah conditions met

A court marriage is considered valid under Islamic law only when essential Shariah requirements, including the presence of two Muslim witnesses and the formal offer and acceptance of marriage, are fulfilled, according to Islamic guidance.

In Bangladesh, the term ‘court marriage’ generally refers to executing an affidavit or sworn declaration in the presence of a lawyer. However, merely signing legal papers or making an affidavit does not constitute a valid Islamic marriage if the required witnesses and prescribed marriage procedure are absent.

If these conditions are not met, the couple must solemnise their marriage again in accordance with Islamic rules, the guidance says.

It also emphasises the importance of parental consent in marriage, urging prospective couples to respect their parents' wishes and make every effort to secure their approval.

Allah Almighty says: “We have enjoined upon man kindness towards his parents.” (Surah Al-Ankabut, verse 8). 

According to the guidance, if parents oppose a marriage on a lawful and reasonable ground and would be hurt by their children's decision to proceed, obeying them is obligatory, provided doing so does not cause significant harm to the children.

It also cites a warning by Prophet Muhammad (PBUH) against disobeying parents, referring to a Hadith in Musnad Ahmad (Hadith No. 6892), which states that a person who disobeys their parents will not enter Paradise.

The guidance advises couples against rushing into marriage against their parents' wishes solely because of emotional attachment or an existing relationship.

Instead, if a prospective bride or groom is religiously observant and suitable, couples should try to convince their parents and obtain their consent.

However, if parents object because of a lack of religious commitment or other reasonable concerns, their views should be given due consideration and the marriage reconsidered.