Nikah in South Carolina: How to Make Your Islamic Marriage Legal

Planning your nikah in South Carolina? 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 South Carolina, in plain language.

The short answer

In South Carolina a marriage license comes from the probate court (in Darlington and Georgetown counties, the clerk of court). The couple applies in writing, waits at least 24 hours for the license to be issued, and then marries before an officiant the state allows. The nikah can be that ceremony if your imam qualifies, so ask the probate court and your imam before you book.

What makes a marriage legal in South Carolina

• A marriage license. File a written application with the probate court. State law says the license cannot be issued until at least 24 hours after the application is filed.
• Waiting period. The 24 hours runs between filing the application and issuance of the license. After that, the license must be handed to the officiant before the ceremony.
• An authorized officiant. State law lists who may conduct a marriage ceremony. Imams are not named in that list, so confirm with your probate court that your imam is accepted, or plan for a civil officiant to sign.
• Return of the license. After the ceremony the officiant completes the paperwork, gives the couple their copy, and returns the other copies to the probate court within 15 days.

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 South Carolina

Both people sign a written application filed with the probate judge of the county (or the clerk of court in Darlington and Georgetown counties). The application asks for the same information as the license, including each person's Social Security number, or an alien identification number for a resident alien who has no Social Security number. Under state law the license cannot be issued until at least 24 hours after the application is filed, and the license shows the date and hour of filing and of issuance. Bring valid photo identification, and ask the office what other documents it wants.

The minimum age is 16. A person aged 16 or 17 who lives with a parent, relative or guardian needs a sworn affidavit of consent, and applicants under 25 must show documentary proof of their age. Anyone who is still legally married to someone else cannot marry again until that marriage has ended.

Fees are set by law and collected by the county. The statutes include an extra $20 state fee on each license that goes to the Domestic Violence Fund. The total you pay is not stated in the statutes, so confirm the current amount with the probate court. Couples who complete a qualifying premarital preparation course (at least six hours, taken together, within 12 months before applying, taught by a licensed counselor or by clergy) and bring the certificate may qualify for a one-time $50 state income tax credit.

We could not confirm on an official page how long a South Carolina license stays valid, whether residents and non-residents are treated differently, or whether a license from one county may be used for a ceremony held in another county. Ask the probate court that will issue your license.

Can your imam sign a South Carolina marriage license?

South Carolina Code section 20-1-20 says that ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in the state, and the chief or spiritual leader of a recognized Native American Indian entity may administer a marriage ceremony. Imams are not named. We have not seen it confirmed on an official page that an imam qualifies, so please check with the probate court in the county where you will apply.

A common alternative is to have a civil officiant, such as a person authorized to administer oaths, complete the legal part, and have your imam lead the nikah the same day. Ask the probate court who counts as an authorized officiant. Whoever signs must be given the license before the ceremony, and it is a crime for anyone to perform the ceremony without it.

After the ceremony

The officiant fills out the license and certificate, gives one copy to the couple, and returns the other two to the probate court that issued the license within 15 days. The probate court records the marriage and sends a copy to the state vital statistics office. Ask the probate court how to order 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.

South Carolina law refers to common-law marriage (for example, section 20-1-100 says a common-law marriage entered into by someone under 16 is void), and South Carolina courts have decided cases about it. We could not confirm the exact current test on an official page. In any case, couples should not rely on it. Proving a common-law marriage can be difficult and is decided by a court, so a couple who have only had a nikah, with no license, should get the license and have it signed rather than depend on that rule.

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 county probate court, your imam, and where it matters, a qualified family lawyer.