On the issue of civil marriage, His Eminence, the late Religious Authority, Sayyed Muhammad Hussein Fadlullah (ra), says that civil marriage brings up three points.
Firstly: The Form of the Marriage
The first point has to do with the form of the marriage. This is the known formula of marriage based on approval from both the man and woman. This constitutes the main problem of civil marriage for some. It is not subjected to a specific religious formula to conclude the contract. Based on that, some jurisprudents regard this marriage unlawful. They say it has no specific formula.
However, according to our jurisprudential opinion, we rule that marriage can be concluded by any verbal expression that connotes contractual commitment. It is based on the content agreed upon by both parties. It would be considered a voluntary binding agreement, just like any other contract.
Thus, we see no problem in civil marriage from this aspect. We consider that it documents the marriage contract. Both parties explicitly express their commitment to hold on to one another in their own language.
Secondly: The Permissibility of the Spouses
Any marriage contract between a Muslim man and an atheist woman is invalid. This is also true for a woman who is not from the People of the Book. This is true whether it is concluded by a religious formula or by civil marriage.
In terms of the view we adopt on the marriage formula, Islam considers marriage between a Muslim man and a Muslim woman lawful. It also allows marriage between a Muslim man and a woman from the People of the Book. This is true even if it is registered in civil marriage institutions.
Thirdly: The Annulment of the Contract
The marriage contract in Islam can only be annulled in two ways.
The first is divorce. It is a lawful means to end the marriage contract.
The second is dissolution. This can happen if either spouse has certain flaws. In this case, the Islamic judge has the right to carry out a divorce. He can repeal the contract without the husband’s will.
As for civil marriage, rescinding the contract is subjected to the civil laws of the state. These laws impose annulling the marriage contract. The Islamic law might not approve of these laws.
Thus, civil marriage differs from religious Islamic marriage. The difference is in both form and content. This renders us unable to approve of civil marriage as a contractual structure. It entails many legislations that differ from Islamic ones. Therefore, Islam might regard a marriage or divorce as legally civil but unlawful from a religious perspective.
Extracted from the book “Islamic contemplations on the woman”, p: 136