Fatwa: # 15401
Category: Marriage
Country: Indonesia
Date: 19th July 2007

Title

Marriage with a Shia man

Question

Mufhti I would like ask your explanation...I was meet a guy from SAudi Arabia (Shia) at muslimmatrimonial few months ago....Then he asked on the IM would you like to be my wife...etc......I said yes...then few days later he was send me Mahar regardless. Before I dont realize that hes came from Shia mazhab....As per his believe I m now her wife...but in my mazhab we are not married yet because we need the witness......I have made sholat Qiyamul Lail & Istikharah regardless to get clue from Almighty allah...but he always on my heart & mind...please explain to me what the status regardless & what AlQuran verse regardless the nikah...as i believe at An nissa verse 24 mention it......Did i made sin if i follow him...I need the verse of Alquran regardless

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

 

There are two issues to your query

 

1)      Marrying a Shia

2)      Valiidty of the Nikah

 

1)      If the boy believes in the following;

 

.       Hulool ( the spirit of Allah penetrated into Hadrath Ali  رضى الله عنه ),

.       Believes that the Quraan has been changed from its original form,

.         Believes that Hadrath Ali رضى الله عنه was the Final Nabi and that Jibraeelعليه السلام  has erred in coming to Muhammed (صلى الله عليه و سلّم),

.        Falsely accuse Hadrath Ayesha رضى الله عنها,

.        Consider the Shaykain (Abu Bakr and Umar رضى الله عنهما) to be Kaafir (non Muslims),

.         Consider it an act of virtue to swear the Sahabah (companions of Rasulullah صلى الله عليه و سلّم)

 

He will be a Kaafir (non Muslim) and therefore not permissible to marry (Fataawa Mahmoodiyya Vol.4 Page 131)

 

It is important to note that each one of those above mentioned in correct beliefs are found in authentic Shia literature. Shia also believe in holy taqiyyah. That is to conceal the truth due to circumstances for example da’wah etc.

 

2)      According to Shariah, it is necessary to have two witnesses for the validity of a Nikah (Al Bahr Raiq Vol.3 Pages 87-88 Rashidiyya). Therefore, if there were no witnesses to the proposal and acceptance, the Nikah is not valid. You will not be considered as his wife. It is Haraam for you to have any contact with him or harbour any feelings for him.

 

 

And Allah knows best

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]