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nikkah

Last updated: 12th June 2005
Question ID: #507
Short URL: http://qa.muftisays.com/?507
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12th June 2005

 
Asalaam'Alaikum! I pray that this reaches you in the best of Imaan! Ameen I am in a very awkward situation Inshah'Allah i hope you can help! I performed a secret marriage several months ago. By secret i mean that neither of our families know about it. My question is thus, whether my marriage is valid. I am a muture woman, currently studying at uni and the man i married is also mutured and at the time we got married he was working and quite stable in life. I just want to tell you about the whole situation in which we got marreid and the whole procude of the acctual Nikkah. Our marraige was obvioulsy very different because until date neither of our families know we are married. The Nikkah was performed on the 25th Ramadhan at a resturant near a Mosque. I had no Haq Mahr, no wahli and no written contract. Both the witnesses were arranged by himself and infact the whole ceremony was arranged by him. One of our witnesses is his best freind and the other was just some random brother who works at this resturant. He (my husband) performed the Nikkah himself whereby he said "I want to marry you" he took my full name and then said "do you accept?" and repeated this three times and i said "Yes" three times. THAT IS ALL THAT HAPPEND..... Oh yeah! urm, one witness knows about our situation ie the secret marriage and all his personal problems and that he has no status here; but the other like i have said knows nothing i don't think he knows our names! The only reason we got married is for the sake of Allah (SWT), both of us are practicing and we tried our utmost best to follow Islam. Our relationship had no name, and i was scared that if I die i'm going to go to hell! We tried everything to stop sinning (ie talking for hours) it was working and it was becoming a craze. I have spoken to a Mufti in Leicester (he didn't give me chance to actually speak) who said that it was valid so i just left it at that. however, i told some friends who think its invalid and hence keep putting doubt in my head. so, i asked my husband to find out and he is admant that this is all valid and that Mufti Yaseen from London told him so. Shiek Yasseer from the States has alsdo said that tis is invalid. That is my situation! i hope you can help Inshah'Allah! May Allah (SWT) reward you. Ameen! Your sister in Islam



Answer
Ulamaa
Ulamaa ID 01
Answer last updated on:
14th June 2005
Answered by:
Ulamaa ID 01
Location:
Bismihi Ta'ala

If the above-mentioned procedure and incident is correct and accurate, then the Nikaah will be valid. Dowry must now be fixed and paid as this is the right of the bride.

At the outset, I would however, like to point out that upon acknowledgement of this marriage, the parents of this bride have the choice to nullify (faskh) this marriage if it has taken place outside of Kafaa'ah. (This means, suitability, compatibility in status. The jurists have put this principle of Kafaa'ah in place for compatibility reasons, so that rifts can be avoided in the marriage).