The Prophet and his companions performed marriages in conformity with the customs prevailing in their societies at the time. He forbade all forms of unions – prevailing in pre-Islamic Arabia – that did not conform to the strict definition of marriage. He did so, to preserve the sanctity of the marriage institution and to distinguish it from unlawful and secret unions. The Qur’an termed it as akin to ‘keeping mistresses’
It was a time where the entire concept of registration did not exist. Now the situation is changed; people register births and deaths and marriages. They do so because of tangible benefits as well as to preempt conflicts.
Shariah is based on preserving objectives and purposes. One of them being safeguarding values of honor and offspring.
Registering marriages is therefore an important ways of preventing abuse and safeguarding the honor and preempting conflicts.
That is why our scholars said, “Fatwa changes according to time and place.” As the pious caliph Umar b. Abd al-Aziz said, “Laws become stricter and stricter to prevent abuse – in due proportion to the increasing crookedness of people.”
Since the people today tend to be more crooked, registering marriages is deemed essential for women and men to safeguard their honor and pre-empt conflicts.
That is why the law stipulates that we do so. As Muslims living in a country we are to observe such laws; otherwise we would be promoting lawlessness and chaos.
Almighty Allah knows best.
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