Islamic marriage advice and family advice

Is this marriage valid? How can I get away from him?

Posted by • February 7, 2015 • Printer-friendly

Domestic_Abuse_1

As saalamu alaikum. I'm a sunni convert who got married to a shia. We had no sheikh, no witnesses and no wali at this marriage. He just took a paper, wrote something in arabic and gave me to sign it. Is this marriage valid? I'm very confused and scared because he started to be very abusive, aggressive and he beats me a lot. I had a blue eyes, my body is full of marks, I'm afraid. I think I'm going into depression and I'm not happy at all. I've read that this kind of nikah is not valid and I do not need a divorce. Is that true? I want to go back to my family because I'm afraid. He is not going to give me a divorce because of his revenge.. If this marriage is valid, can I get divorce from imam without his permission?

muslimahgirl


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3 Responses »

  1. trueseeker
    February 7, 2015 • 8:19 pm

    Wa alaikum salaam,

    From what you have stated, no wali, no representatives or witnesses, then your marriage is not valid according to sunni Islam, hence you are living in zina, you wont and dont need a divorce, and have the right to walk away, moreso, you should walk away, go back to your family sister.

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  2. Issah
    February 7, 2015 • 9:10 pm

    Wa 'alaikum as-salaam warahmatullahi wabarakaatuh sister,

    The Holy Prophet Muhammad (sallahu 'alaihi wasallam) said:

    “There is no marriage without a Wali.”

    (Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)
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    ''Any woman who gets married without the permission of her Wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the Wali of the one who has no Wali.”

    (Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840)
    -------------------------------------------

    ''There is no marriage except with a Wali, and two witnesses.''

    (Narrated by At-Tabraani in Sahih al-Jami' 7558)

    If your marriage was not in accordance with the above conditions, then your nikah is invalid and must be annulled immediately.

    If it is safe for you to do so, then leave him and go back to your family (please plan very well and don't let him see any hint nor argue with him during the process). When you get to your family, you may then speak to a local Imam about it inshaAllah. As you may also report the man to the authorities, in case he tries to threat you or something.

    While you plan on leaving him, you should also pray to Allah subhanahu wa ta'ala to make the way easier for you to leave him and get to your family safely. May Allah subhanahu wa ta'ala accept your du'as, and may He protect you from any harm by him till you get to your family safely and in good health. Ameen!

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    • Saba
      February 7, 2015 • 11:55 pm

      I fully agree with Br. Issah. This marriage is invalid and you need to get to safety. Be careful and cautious in the process and do not accept this way of living at all.

      May Allah swt help you through this difficult time, Ameen.

      Reply

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