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Qabbani and Civil Marriage

February 1, 2013

So we have all heard the Lebanese Mufti’s new fatwa about “legalizing” civil marriage. Quite a fiasco there…
Well for one, the Mufti has no respect from me personally after his endless scandal (that has yet to be resolved) stealing money from the Zakat and pampering himself and his sons (yes, remember last year’s fiasco, so much for straight, poise and religious authority to have the nerve show his face again on TV and actually criminalize people! pssh!). Now that we have the settled.

Ofcourse most politicians don’t share the same view (yes politicians, in Lebanon, a mufti, a pope, a politician, are mainly about … money and power).

Based on which I had a very interesting debate with a someone who seems to have taken the Qabbani’s words to heart very dearly and believed them, and here is my reply to civil marriage being “Haram”.
1. what is clearly haram and halal in Islam is things like pork and consuming alcohol.  The marital status of someone is either sinner or married, a sin is sex outside of marriage, but everything that happens in a marriage is not sin. When two people decide to spend their lives together and commit it is a marriage and therefore not sin. Is it still sinful that the marriage happened under civil state? No. (more in 2)

2. The conditions that a married couple must meet to declare an Islamicly acknowledged marriage are as follows (i challenge Qabbani on this one):

  • The presence of two witnesses and approval of the bride’s gaurdian
  • Public announcement of the wedding
  • The registering of the marital commitment in official courts/files/etc to reserve the rights of the couple in case of dispute.

[with a few formalities like the “mahr” and agreeing on living terms, etc..]Yeah, that’s pretty much it. It just happens that the official system to register to is religious, however, in Lebanon before the country the town’s mayor could’ve  married you off and it was fine. In countries that follow Islamic Sharia in their constitution it happens that the personal statuses are registered in are Islamic. If it were a civil state (like.. perhaps, Lebanon?) it would’ve been registered in a civil court.

3. Therefore the presence and approval of Qabbani or any other religious figure is not so necessary, actually they have not much role in an islamic marital commitment anyway.

4. To those debating women’s rights as per the Islamic Shar’ia. There’s really very little difference that is to be mentioned between civilian and religious weddings, and a couple can choose to have their divorce, inheritance and other resolutions based on any laws (Islamic, Christian, Durzi) they may seem fit.

5. There’s even this very interesting video that kind nails alot more religion related point to the “fatwa itself”

6. A little something i found online today on the “I had a civil marriage” group on facebook that was worth sharing

نقاط الاختلاف والترابط بين الزواج المدني والديني Points of Overlap and Difference between Civil and Religious marriages

Translation:

Important points of similarities and difference in Civil and Religious marriages:
Religious // Civil Wedding

1. Love Relationship
2. Consent of two parties and intention to get married
3. Limited Conditions for marriage to go through
4. Official paperwork, and fees
5. Religious law based on religion and sect (In Lebanon alone there are over 10 personal status laws  that govern marriages) // Unified personal status law for all (draft currently and still pending in the parliament)
6. Religious Court and Judges based on religion and sect // Civil court and judges specialized in civil status
7. Official registration in government records
8. Co-residence
9. Building a family
10. (SEX)
11. Either of the couple would have to change sects to meet that of the spouse to be able to have the marriage (in case of difference) // Each spouse keeps their religion and believes intact, differences are not an obstacle
12. Difference in religion is an obstacle when it comes to inheritance in some cases. // Difference in religion is not a ground for problems in inheritance
8. Those that want to get married to people from a different religion/sect will do, in Cyprus, Greece, Turkey, etc. and register in Lebanon anyway. So those that are fighting “mixed” marriages, your picking the wrong battle.
9. There’s also this: Mikati, Civil Marriage is a majority! [Polls and Numbers]
I’ve been almost biblically following Qifa Nabki‘s posts on the matter and think they are worth checking out.
Finally Dear Qabbani, you have money to return to the families of poor people who the money should have went to.. maybe you can focus on that instead of pulling stunts to compete with AlAseer.

عزيزي المفتي : قال النبي صلى الله عليه وسلم يقول: “لا يرمي رجلٌ رجلاً بالفسوق ولا يرميه بالكفر إلا ارتدت عليه إن لم يكن صاحبه كذلك”

Photo Credit 2011 © KrikOrian Photography
Round up:
An Nahar: الحريري يرفض كلام المفتي: تكفير الناس ممنوع وأتمنى أن يسير الزواج المدني
El Nashra: الشيخ قبلان يطالب رؤساء الطوائف بتشكيل لجنة لبحث الزواج المدني ودرسه
Beirut Spring: The Significance of Hariri’s Civil Marriage Position
Hummus for Thoughts: Why the Mufti should shut up
AbirGhattas: Detailed Civil Marriage Law. Read it & Judge for Yourselves
AbirGhattas: زواج كمال جنبلاط مدني – سنة ١٩٤٨
SamanthaWasHere: Civil Marriage: Our Civil Right
Thaer Ghandour: خريطة طريق: عروسين إلى قبرص
Update: [more roundup]
خضر سلامة : الزواج المدني حقي
Worried Lebanese: Three impulsive reactions to arguments “supporting” civil marriage legislation in Lebanon
Asharq Alawasat: مقبرة «الزواج المدني»
Walid Abboud surveys his facebook fans: هل أنتم مع الزواج المدني الاختياري? [Current Stats: 510 votes Yes, 104 votes No)
France24: الزواج المدني في لبنان: قدم في القبر وقدم في الإنترنت
ElNashra: أبو كسم: الكنيسة ليست مع “العقد المدني” وأي زواج يعقد بشرط هو باطل
SkyNews Arabia: لبنان.. مطالب بتشريع الزواج المدني
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2 Comments leave one →
  1. February 1, 2013 6:02 pm

    Reblogged this on hebaalbeity.

  2. karim okais permalink
    March 26, 2013 2:20 pm

    heba ktir tayyoube

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