Nikah in Louisiana: How to Make Your Islamic Marriage Legal

Planning your nikah in Louisiana? Most couples want one ceremony that is both religious and legal. In the US that is normally possible: an imam who is authorized to marry couples can lead your nikah and sign your marriage license in the same sitting. Here is how it works in Louisiana, in plain language.

The short answer

In Louisiana the marriage license is issued by the clerk of court of a parish (in Orleans Parish, by the state registrar of vital records or a city court judge). State law requires a 24-hour delay after the license is issued before the ceremony, and a registered officiant. Two witnesses must be present, and the officiant files the certificate with the issuing clerk within ten days.

What makes a marriage legal in Louisiana

• A marriage license. Apply at a clerk of court office. Both people sign a sworn application before a notary, deputy clerk or deputy registrar, and the license is valid for 30 days.
• Waiting period. An officiant may not perform the ceremony until 24 hours have passed since the license was issued. Only a judge or justice of the peace can waive this for serious reasons.
• An authorized officiant. A clergyman of any religious sect who is of age, authorized by his religion to perform marriages, and registered with the clerk of court of the parish may officiate, in the presence of two witnesses.
• Return of the license. Within ten days of the ceremony the officiant files two copies of the signed marriage certificate with the clerk of court that issued the license.

None of this changes the nikah itself. Your imam leads the khutbah, the consent, the mahr, the offer and acceptance and the dua exactly as he otherwise would, and takes care of the civil paperwork at the same time.

Getting a marriage license in Louisiana

Louisiana is organized by parishes rather than counties. In every parish except Orleans, the clerk of court issues marriage licenses; in Orleans Parish, the state registrar of vital records or a judge of the city court issues them. A license can be issued in any parish, no matter where you live or where the ceremony will be. The application is sworn and signed by both parties before a notary public, deputy clerk or deputy registrar. It asks for full names, residence, age, parents' names, number of previous marriages and how each ended, and each person's Social Security number if both were born in the US or are naturalized citizens. A person without a Social Security number because they are not a citizen or permanent resident can present an unexpired passport from their country of birth, or an unexpired visa with a Form I-94.

The license is valid for 30 days from the day it is issued, and an officiant may not perform a marriage after it has expired. No license is issued for anyone under 16, and 16 and 17 year olds cannot get one if there is an age difference of three years or more. We could not read the fee on an official page, so ask the clerk of court in the parish where you will apply.

Covenant marriage is a separate, optional kind of marriage that couples must choose on the application. State law says a covenant marriage requires premarital counseling, a signed declaration of intent, and restricts later divorce to specific grounds. Most couples marry under the standard rules, which do not require counseling. If your imam or family would like a covenant marriage, ask the clerk of court for the forms and read the printed summary the clerk is required to give you.

Can your imam sign a Louisiana marriage license?

Under Louisiana Revised Statutes 9:202, a priest, minister, rabbi or any clergyman of any religious sect who is of age, is authorized by the authorities of his religion to perform marriages, and is registered to perform marriages, may officiate. A state judge or justice of the peace may also perform the ceremony. Under 9:204, a clergyman registers by depositing an affidavit with the clerk of court of the parish where he will mainly perform marriages (in Orleans Parish, with the state registrar of vital records), stating his lawful name, denomination and address.

Before booking, ask your imam whether he is registered in the parish where the ceremony will take place. If he is not, he can often register, or a judge or justice of the peace can handle the legal signing, with your imam leading the nikah. State law also requires that the officiant has the license in hand before the ceremony and that two competent adult witnesses are present.

After the ceremony

The officiant signs the marriage certificate in triplicate, gives one copy to the couple, and files the other two with the clerk of court that issued the license within ten days of the ceremony. The clerk records it and sends copies on to the state registrar of vital records. Ask the clerk or the state vital records office about certified copies, which you will need for name changes, insurance and immigration paperwork.

What a religious-only nikah does and does not give you

Religiously, a great deal. You are married in your faith, your contract and mahr are binding between you, and your community recognizes the marriage. Some couples choose this on purpose, for example while one partner is still waiting on immigration or documents.

Legally, an unregistered nikah leaves you unmarried. That usually means no automatic spousal property rights, no automatic inheritance if one of you dies without a will, no spousal health insurance, and trouble with immigration and benefits that ask for a marriage certificate.

We could not confirm Louisiana's rule on common-law marriage on an official page. The statutes we read (R.S. 9:201 to 9:253) describe a marriage as a licensed ceremony performed by an officiant before two witnesses, so a couple who have only had a nikah and no license should not assume they are legally married. Get the license and have it signed.

Write down the mahr

Agree the mahr before the day and record it in your nikah contract, including how much is given now and how much is deferred. A clear written agreement protects you both. Our mahr calculator can help you settle on an amount, and our step-by-step guide to the nikah ceremony explains each part of the day.

A few common questions

This guide is general information, not legal advice. Rules and fees change and vary by county, so confirm the current requirements with your parish clerk of court, your imam, and where it matters, a qualified family lawyer.