Marriage For Obtainıng Foreign Citizenship (Marriage of Convenience): A Comparative Jurisprudential Study

Authors : Abdulbari Azız Othman

Pages : 49-67

Doi:10.55918/islammedeniyetidergisi.1639278

View : 43 | Download : 80

Publication Date : 2025-12-17

Article Type : Research Paper

Abstract :Islam commands marriage and forbids celibacy, as it is one of the practices of the prophets and messengers, and a sign of God\\\'s wonders in the universe. Marriage is essential as it lowers the gaze and preserves chastity, bringing tranquility and reassurance between spouses. Allah has legislated marriage to establish a strong relationship between spouses under the umbrella of Islamic law, aiming to achieve many noble objectives and goals expected from this union. In Islam, marriage has conditions and pillars that must be met for the marriage to be valid, ensuring its continuity and stability, and for building a Muslim family and eventually obtaining righteous offspring. However, contemporary reality has imposed new circumstances on young Muslims migrating to foreign countries, affecting their actions, behaviors, and contracts. This has led many to engage in certain contracts for purposes far removed from the original intent ordained by Allah. Among these new contracts is the marriage contract, which for many young Muslims has become a means and an end to achieve specific gains, the most significant being the acquisition of citizenship in foreign countries through a sham marriage, also known as a marriage of convenience. This type of marriage brings legal or financial benefits to the husband or wife. This new form of marriage contract is based solely on convenience and not for the purposes of stability, procreation, and companionship. The intent behind such a sham marriage is not to continue the relationship but to achieve a specific goal, which is obtaining the citizenship of the country in which the individual resides In this study, we will explore this type of contemporary marriage contract and its various forms with the intention of acquiring citizenship from the perspective of Islamic jurisprudence, whether the contract is only on paper, or the marriage takes place but the spouse does not intend to continue it, or other intentions and situations related to this type of marriage.
Keywords : Vatandaşlık, Çıkar Evliliği, Evlilik, Evlilik Şartları, Mukayeseli Fıkıh

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