Fatwa: # 17855
Category: Marriage
Country: South Africa
Date: 21st April 2009

Title

1. We did our nikah secretly because our parents were not agreed. Is this nikah valid? 2. 2: We did not fix the amount of Meher during the nikah. Does it have any affect on our nikah?

Question

1. We did our nikah secretly because our parents were not agreed. Is this nikah valid?

I m 31 years old and I did the nikah secretly with the man who is 32 years old in the presence of two male muslim and baligh persons, one was the maulvi and the other one was the witness. The maulvi asked from both of us that did we accept our nikah with one another. We acceptd our nikah with one another in the presence of these two male persons one of whom was maulvi and the other was witness. Then maulvi read the khutba of nikah and at the end maulvi did duaah in the presence of me (girl), boy and the one witness. Is this nikah valid?  Now can we live as a husband and wife?  It is our first Nikah with one another? But we said to moulvi we want to renew our Nikah. Does this false statement have any affect on our Nikah?

 

2: We did not fix the amount of Meher during the nikah. Does it have any affect on our nikah?

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

1.      The conditions of Nikah were found. Therefore your nikah will be valid.

 

ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف {الهداية ج2 ص306}

 

2.      Your nikah will be valid even though the Mahr was not fixed however, Mahr-Mithl (that amount of Mahr which women similar to her in her family will receive) will be binding upon the husband.

ويصح النكاح وإن لم يسم فيه مهر  فلا يحتاج إلى ذكره لصحة النكاح

   {الهداية ج2 ص323}

وان تزوجها على أن لا مهر لها فلها مهر مثلها إن دخل بها أو مات عنها

{الهداية ج2 ص324}

And Allah knows best

Wassalamu Alaikum

Ml. Mohammed Moola,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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