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Nikkah with Sunni Girl living in a Shia Family

Last updated: 19th May 2023
Question ID: #8645
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Assalamualaikum wrwb. I have a long situation with multiple questions so please bear with me. Moreover, noone has yet answered me and I'm in a difficult question. I am from Pakistan. I came to know about a girl. Her family is Shia (with beliefs of shirk, asking from Hazrat Ali and Hazrat Fatima, slandering the sahaba, accusing Hazrat Ayesha of Zina Naudubillah etc) but she doesn't believe in any of it and has become Sunni. She has publicly announced it infront of her friends too. And also doesn't take part in any Shia activities. We shared how we intend to live our life and liked her and wanted to marry. My parents agree to it but we approached her parents, even my parents went to her parents but they refused. Moreover, they are extremely oppressive, they abused and said bad things about her infront of us as well etc. And said they will onlyarry in Syed family. So, we have decided to do court marriage with wali and witnesses as some righteous islamic persons. My questions are : 1. Due to the aqeedah of her family, they can't be wali or witnesses right? So i can do court marriage as she doesn't have a wali or witness. As per Hanfi fiqh as well, she can marry without wali anyways. What do you say about it. 2. My reason for marrying her is that she's righteous and shares same intentions to spend married life as per Shariah and learning and teaching deen. But also because if I don't marry her, her parents will forcibly marry her to some Shia person or some non righteous Syed Sunni just to marry her off and she will have to do it under pressure. Her family is dangerous to the point of beating or even harming. If they come to know about our marriage they can harm her even if she's with me. She's going outside to Beligum to do masters so she can get out of the house and she will come back during holidays and we will get married in presence of my family. But she will still try to convince them to agree else she will marry by her own in an attempt that they agree (and yes. All tries to convince them lovingly and with hikmah seems to have failed) a. If i marry her, but suppose if her parents agree later on to marry her off. Then, I know we can do nikkah again(Tajdeed e Nikah) infront of them. But since they can't be wali and witnesses, this re-nikkah will not be valid. But is it allowed in this situation as a Maslahah to do/show a nikkah just to show them with them as wali/witnesses which will not hold any Sharayi value as in normal conditions this nikkah will not be valid but since we have done nikkah already, this will be just to show them so that his family doesn't harm her or us in the future snd we can spend our married life at ease. b. if they still don't agree, what do you think should i do.. because i have decided firmly that we will marry still because of the situation i told you. Hope you understand my questions. and answer me at priority. Jazakumullahu Khairan Kaseera Sheikh.



بسم الله الرحمن الرحيم

الجواب حامداومصليا

In the Hanafi Fiqh, a woman who reaches maturity can marry whom she wants whether compatible or not without the permission of the Wali. However, if the person is not compatible with her the Wali has the right to refuse. This is Zahir Riwaya (manifest transmission) of the Hanafi Mazhab.

Hasan bin Ziyad says the Nikah will not be permissible if there is no compatibility.

It is better to act on the Zahir Riwaya of the Mazhab. So If one is not compatible and all the conditions of Nikah are present like offer and acceptance with witnesses present, Nikah will be valid.

So she can get married to you without the permission of her Wali.
If they agree later you can do Tajdeed Nikah (renew the Marriage with witnesses).

وينعقد نكاح المرأة الحرة البالغة العاقلة برضاها وإن لم يعقد عليها ولي عند أبي حنيفة بكرا كانت أو ثيبا

وقال في الهداية ثم في ظاهر الرواية لا فرق بين الكفء وغيره لكن للولي الاعتراض في غير الكفء
وقال في المبسوط روي الحسن عن ابي حنيفة إن كان الزوج كفؤا لها جاز النكاح وإن لم يكن كفؤالها لا يجوز النكاح اه وهذا القول مختار صاحب خلاصة الفتاوي وقال هكذا كان يفتي شمس الآئمة السرخسي كذا في غاية البيان

(اللباب في شرح الكتاب كتاب النكاح ٤/١٦-٢٥)

إذا اختلف التصحيح والفتوي فالعمل بما في المتون أولي
(فتاوي شامي ٣/٨٩،سعيد)

وينعقد متلبسا بايجاب من أحدهما وقبول من الأخر وضعا للمضي الخ وفيه أيضا وشرط حضور شاهدين حرين مكلفين سامعين قولهما معا علي الأصح ملخصا
(رد المحتار, 3\9-12,سعيد)

And Allah knows best

07 Dhul Qa’dah 1444/ 27 May 2023

Mufti
Answer last updated on:
30th May 2023
Answered by:
Ulamaa ID 04
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