Fatwa: # 18766
Category: Marriage
Country: United States
Date: 23rd June 2010

Title

my question is that i have a situation i am hanafi and my wife left her family without permission or there knowledge to come and marry me we got married ...

Question

 my question is that i have a situation i am hanafi and my wife left her family without permission or there knowledge to come and marry me we got married with over 50 witnesses and her family accept the fact she married including her after she got home for a while she deny the marriage saying its haram because he parents did give permission for it she took away all my rights my question is, is the marriage valid or invalid we already had sexual relations as well please help me as i want to do whats best thank you

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

Allah Ta’ala has created men and women as lifelong partners for one another, so that they may procreate and live in peace and tranquillity according to His commandments and the guidelines of His Messenger (Sallallāhu alayhi Wasallam). The nature of marriage is such that it brings about joy and happiness to the couple and their families. It is mentioned in the Holy Qur'ān:

In addition, amongst His signs is this that He created for you mates from amongst yourselves, so that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Undoubtedly in these are signs for those who reflect. (30:21)

Marriage is a religious duty, a moral safeguard as well as a social necessity. Through marriage families are established and is regarded to be an essential component of our society. It is also a form of Ibādah because it is obeying Allah Ta’āla and His messenger (Sallallāhu Alayhi Wasallam). It is not a matter that can be taken lightly and should be entered into with total commitment and full knowledge of what it involves. Marriage is not like buying a new dress where you can exchange it if you do not like it. Your partner should be your choice and the choice of your parents for life and vice versa. One should be mature enough to understand the demands of marriage so that the can be a lasting one.

It should be understood that Nikah is a public institution. The teaching and spirit of Islam emphasise the public announcement of a Nikah. That is why the presence of witnesses is an integral constituent of the marriage ceremony, which is not valid without witnesses.

In order for a Nikah to be valid, the proposal of the boy and girl intending to marry must take place in the presence of two Muslim male witnesses or one Muslim male and two Muslim females. If the Nikah in reference was conducted with this condition, then only it will be valid.

(Fatāwa Mahmūdiya, Vol. 11, Pg. 27, Fāruqiyyah)

(Al Hidāyah, Vol. 2, Pg. 306, Shirkat Ilmiyah)              

            (Badāi us Sanai’I, Vol. 2, Pg. 523, Deoband)

 

According to our understanding, your mariage is still intact. However, the manner in which your marriage was conducted is against the practice of the Shariah. If from the very beginning both parties were pleased to continue with this marriage, then this problem would not be facing you. Nevertheless, the damage is done and your wifes parents have agreed to your marriage.

 

We suggest that the local Ulema be contacted and mashwerah (consultation) be made in order to assist you in this dilemma.

And Allāh Ta῾āla knows best

Wassalāmu ῾alaykum

Mufti Ebrahim Desai
Dārul Iftā

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]