Fatwa: # 18704
Category: Marriage
Country: Australia
Date: 28th May 2010

Title

My question in regards to nikah. I am a sunni (hanafi) and my wife to be is a shia (twelver imami). Is there a difference in conducting the nikah when it comes to the two different schools of thought? ..

Question

 

My question in regards to nikah. I am a sunni (hanafi) and my wife to be is a shia (twelver imami). Is there a difference in conducting the nikah when it comes to the two different schools of thought? My fiances' family insist that it would make them happy if the imam from their local mosque performs the nikah (this imam is obviously a shia - twelver imami). I do not have any personal problems or preferences as long as my nikah is done in Allahs way, however I am concerned that the two schools of thought might have differing views on nikah and marriage. I am also concerned that my family and friends might think I am neglecting our school of thought if I do not have a sunni hanafi imam perform the nikah. Please advise. Thank you

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

There are many sects of Shiism and each sect holds a different belief, therefore not all Shias can be classified as non-believers.  Furthermore, one of the fundamental beliefs of Shiism is taqiyyah i.e. to conceal your belief and this is regarded as an act of virtue to them. It is for this reason our Ulema have requested us to exercise caution in these matters as one will never know the true belief and understanding of a Shīa. If the Shia does not believe in completeness of the Qur’an, chastity of Ā’isha (Radhiyallahu Anha), Imaan of the Sahaba (Radhiyallahu Anhum), etc., then he/she is out of the fold of Islam and is a disbeliever.  The Ithna Ashariyyah sect holds these views, as a result they will not be considered to be Muslims.  Nikāh between such Shias and a Muslim is not valid, regardless if the Shia is a male or a female.

The issue at hand is not only about the nikāh. It is also about ones aqīdah and expressing self-satisfaction to the Shīa aqīdah. We advise you to remain firm on your belief.

 

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 

Ml. Ebrahim Desai,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā

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