Was this nikkah done correctly?
Aoa,
I have a friend, and she was in a relationship with a man. Today she had nikah with him without her parents' consent. She is asking whether this nikah is legal or not.
The man and molvi were seated separately. They say they had all vows done, and there were witnesses from the boy's side (4 in total). The molvi filled the form, the boy signed it and then he came to the girl. He didn't asked her anything, nor did the girl reply. He just took signatures and left.
Is this a valid nikah?
Later on, the boy didn't give this girl any mehar- the girl was not even given nikah nama. Please help.
regards,
-bushra
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ASSALAMALAIKUM
She married him without a guardian (wali)
Firstly: What appears to be the case from your question is that the one you are asking about got married without the permission or knowledge of her guardian. If that is the case, then the more correct scholarly view is that the marriage is not valid, because the Prophet (blessings and peace of Allah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.”Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102). Classed as saheeh by al-Albaani in Saheeh al-Jaami‘, no. 2709
1 – It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: “There is no (valid) marriage without a wali.” (Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1/318).
The Prophet (peace and blessings of Allaah be upon him) said: “A woman should not arrange another woman’s marriage and a woman should not arrange her own marriage, for the zaaniyah (adulteress) is the one who arranges her own marriage.” (Narrated by Ibn Maajah, 1782; see also Saheeh al-Jaami’, 7298).
A Nikah does not solemnise unless it takes place through the Wali, and, if someone does not have Wali[MEANS IF HE IS NOT ALIVE] the ruler of the Muslims is the Wali (Tirmidhi, Kitab-al-Nikah)
No Nikah shall be allowed (or we shall not allow any Nikah) without the Wali’s consent. The reason for the decree? Family values. Marriage of a man and a woman is a marriage between two families.
The consent and the good wishes of the families involved are highly important. Disparaging this reality would amount to undermining the foundation on which the edifice of an Islamic society rests.
For that reason, the court may declare a Nikah without the Wali’s consent as void. But this consent is not a condition the absence of which makes the contract void ab initio.[What is annulled ab initio?That means the marriage is treated as though it had never taken place. It has no legal affect whatsoever.
The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs.
The term 'void ab initio' means 'to be treated as invalid from the outset'. This refers to a document that is void, useless and worthless. This phrase comes from adding the Latin phrase ab initio (from the beginning) to 'void' which means 'of no legal effect' in law.
Moreover, socially, the consent of the bridegroom’s Wali is as essential as is that of the bride’s.
There are certain conditions for this contract which, if not fulfilled, make the contract void ab inito. And there are some other conditions which, if unfulfilled, make the contract voidable.
Of the conditions belonging to the first category, two important, Islamic conditions are:
i) Open declaration of the Nikah. Marriage must be announced publicly (through any reasonable means) so that there is no room for any surreptitious sexual relationships.
ii) Intention to live together permanently as husband and wife.
Pre-planned divorce would make the contract prostitution rather than Nikah.
Reasons for having Wali’s consent in marriage are a stronger and healthier relationship between the families involved and greater security and privilege for the bride and the bridegroom-
THE GIRLS CONSENT[IN FRONT OF THE WITNESSES AND THE RELATIVES] ONLY IS THE MAIN FOUNDATION OF NIKAH- AND ALSO THE PERMISSION OF GUARDIAN BOTH ARE MISSING-
SO IMAGINE A GUARDIAN IS THE ONE WHOM ALLAH GAVE THE TITLE AND RESPONSIBILITY TO ACT AS SUCH AND HE IS APPOINTED BY ALLAH FOR ALL SECURITIES OF A GIRL CHILD AND THE CHILD HERSELF DEFIES THE SECURITY ALLAH APPOINTED AND GIVE HIM A SLIP AND GOES OUT AND TAKES A MAJOR STEP OF LIFE TO MARRY THEN WHERE IS THE QUESTION OF VALIDITY WHERE ALLAH IS DEFIED AND THE GUARDIAN IS LIKE STRANGER LIVING IN THE DARK-
REGARDS
Dear Mr. Ali
Assalam U Allaikum
If this is the case as you have stated above that a girl's marriage is not valid without the consent of her wali (Father/Guardian) consider a case that the girl's father does not agrees to marry her at her own will. This means that the girl cannot choose a groom by herself. So wherever her wali wishes she has to obey and marry without her choice. Or in case if the wali proposes and the girl keeps on refusing then it becomes complex. So as per your post above a girl cannot marry of her choice. Please explain it sir as I too am confused.
Jazak Allah Khair.
ASSALAMALAIKUM DEAR ATIF BHAI-
So wherever her wali wishes she has to obey and marry without her choice.
THE HADEES ARE SELF EXPLANATORY- I WILL ALSO EXPLAIN FOR YOUR KIND INFORMATION-
THE GIRL CANT CHOOSE MIX MINGLE GO ABOUT CHECKING THE DEENDARI OR CALIBRE OR THE NATURE OF OF A BOY ON HER OWN-AND THEN FALL IN LOVE OR BECOME VICTIM[MIND SET] OF A CHOICE THAT HE IS ONLY GOING TO BE MY LIFE PARTNER-
NO ONE ELSE AND THEN START TELLING THE PARENTS IRRESPECTIVE OF HIS FAITH OR CHARACTER OR FAMILY BACKGROUND WHICH IS CALLED ETHICS-
AND YOU KNOW TO MARRY A BOY A GUARDIAN LOOKS IN TO HIS FATHERS PAST AND GRAND FATHERS ALSO -TO KNOW THEY HAVE LEAD A RESPECTFUL LIFE AND DIDNT LIVE A LIFE OF DRUNKARDS OR VAGABONDS GAMBLERS OR WOMANISER SO MANY THINGS COUNT WHICH HIS RIGHT TO KNOW FOR HIS DAUGHTER BEFORE GIVING IN MARRIAGE-
SO THAT SHE DOES NIT SUFFER AFTER MARRIAGE-
THE GUARDIAN IS THE ONE WHO GAVE BIRTH TO US AND BROUGHT US TO THIS STAGE HE KNOWS THE BEST FOR US SUBJECT TO HIS APPROVAL IS THE RULE ALLAH MADE I DIDNT MAKE ANYTHING COMING TO-.
Or in case if the wali proposes and the girl keeps on refusing then it becomes complex.
THIS IS SHEER DISOBEDIENCE FROM THE GIRLS SIDE AS SHE IS SUPPOSED TO HONOUR HER PARENTS[WHEN THE BOY IS GOOD AFTER VERIFICATION-Being of good character, Being of sound mind,FAMILY BACKGROUND ETC ETC] WHICH IS FARZ OF ALL CHILDREN TOWARDS PARENTS THIS ALSO IS RULE ALLAH MADE NOT ME-
HOPE THIS MUCH IS SUFFICIENT THAT THE WALI HAS TO BE A WITNESS TO MARRIAGE
AND HE ALSO CANT DO HIS OWN ZID OR BE ADAMANT WHEN SAY FOR EXAMPLE SOME RELATIVES OR COUSIN IS KNOWN TO MOTHER OR FATHER TO BE OF GOOD AND SUITABLE IN ALL RESPECTS[WITHOUT GIRL BEING IN CONTACT]JUST CASUALLY IF HIS NAME IS MENTIONED AND WHEN ALL IS FINE AND THE FATHER[WALI]REFUSES TO PERFORM THE NIKAH-THEN THIS APPLIES-
But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.
THEN THIS LINAGE IS A RULE IN ISLAM-
The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler. (al-Mughni 9/355).
As Salaam U Allaikum
Thank You very much for the reply. Please help me understand that if a girl is pious & religious but her family is not and one wishes to marry that girl as narrated in a hadith:
"A woman may married for four reasons: for her property, for her rank, for her beauty, and for her religion (and character). So marry the one who is best in the religion and character and prosper". (Bukhari and Muslim).
Our Prophet Muhammad (SAW) recommended Muslims to select those partners who are best in religion (din) and character.
Now the boy's side will not accept the same due to her family. What is the best option as per Islam.
Jazak Allah Khair.
ASSALAMALAIKUM-
Now the boy's side will not accept the same due to her family. What is the best option as per Islam...
REPLY IS THAT THE BOY HAS TO CONVINCE HIS FAMILY AS IT IS HIS LIFE AND HE HAS THE RIGHT TO CHOOSE AS THE POSITIVE POINTS ARE WITH THE GIRLS NATURE OF BEING PIOUS RELIGIOUS AND THAT IS THE PRERERNCE ALSO IN HADEES AS PER YR EXPLANATION-
"A woman may married for four reasons: for her property, for her rank, for her beauty, and for her religion (and character). So marry the one who is best in the religion and character and prosper". (Bukhari and Muslim).
ALONG WITH THIS THE FAMILY BACKGROUND TO BE CHECKED FOR SAFER SIDE-IS ALWAYS ELDERS ROLE SO THAT THERE IS NO DECIEVING OF ANY KIND LIKE LINAGE OF MOTHER AND HER GRANDMOTHER BEING OF LOOSE CHARACTER ETC ETC-
WITH ALL THE PRACTICAL SURVEY WE HAVE TO KEEP IN MIND THIS-
"If someone with whose piety and character you are satisfied with comes to you, marry to him. If you do not do so, there will be trials in the earth and a great deal of evil." [At-Tirmidhi and others and it is hassan]
Not even the weight of a speck of dust, or less than that or greater escapes His knowledge in the heavens or in the earth. He knows all things even before they happen, and He has written that in His Book, Al-Lawh Al-Mahfuz, as was reported in Sahih Muslim from `Abdullah bin `Amr, who said, "The Messenger of Allah said:
(Allah issued His decrees concerning the measurement and due proportion of the creatures fifty thousand years before He created the heavens and the earth, and His Throne was over the water.) In the Sunan, it was reported from a group of the Companions that the Messenger of Allah said:
The first thing that Allah created was the Pen. He said to it, "Write!'' It said, "What should I write'' He said, "Write what will happen,'' so the Pen wrote everything that will happen until the Day of Resurrection.)
As you see Allah knew everything before they happened, and wrote them down in a book that is preserved in the heavens, this book is separate from the Quran itself.
So now since the proof of divine decree is evident within Islam, one must then grasp a correct understanding of this belief. The Ahlus Sunnah have agreed in 4 correct ways of believing in this belief and they are as follows:
Knowledge (to believe): It is to know and firmly believe and have faith in the fact that Allah knows everything, he is aware of everything, nothing is hidden from him, nor is he ignorant of anything at all.
The Recording: A Muslim must also believe that Allah has indeed recorded everything before they have happened, in a preserved book that is in the heavens
Assalaamualaikam
A woman always has the choice whether to accept or decline a proposal - numerous hadiths explain that forced marriage is not acceptable in Islam.
When it comes to selecting a spouse, it is important for a woman and her wali to work together - as it wouldn't be acceptable for a woman to spend time alone with a non-mahram man, it is her wali who can spend more time with him and assess his character.
There are circumstances in which a woman can seek a new wali, so if a woman's wali is continually refusing proposals without a valid Islamic reason, she would be within her rights to discuss the matter with her next closest male relative, or even to seek advice from an imam.
Midnightmoon
IslamicAnswers.com editor
ASSALAMALAIKUM THIS IS WHAT I ALSO GAVE-
But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.
BELOW THAT I GAVE THE NEXT PERSON AFTER WALI -BUT WE CANT GO TO ANY WE LIKE BECAUSE THERE MIGHT BE SOMEONE TO COME FORWARD AND TAKE ADVANTAGE BUT THE FOLLOWING STEP BY STEP RELATION IS THE PROCEDURE.
The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler. (al-Mughni 9/355).