Is my nikkah lawful or not?
Hi,
I would like to ask a question that has been preying on my mind for some time well this is the story. I'm from a good family background we are Islamic & what can I say I strayed. I was 17 & really naive thought I was in love with a guy he lied to me said that he was from the UK when he actually wasn't just came over here through a student visa. He convinced me that he loves me and everything basically left the my family for him. Well! we got married over the phone from some Imaam apparently there were no witnesses in the room. He got his brother to send the nikkah papers from Pakistan & then we signed it.
He took it to his solicitors to say that I am going to support him so basically he can stay in the country the solicitor sent it off to the Home Office & they refused him to stay here. When I realised that he is using me I got out of there took the nikkah papers burned them.
My family were really good with me I thought they would have killked me. To be honest they were releaved to have me back obviously they were ashamed of me because of the whole family shame that I caused which I hold my hands upto I did.
Now, I'm married since Nov & pregnant & was thinking that is my first marriage actually for real I dont think it is because there were no witnesses. When I apply for my Husband whom I am really happy with to come to live in this country with me, would there be any questions from the Home Office or anything about it & is this marriage lawful?
Thanks for reading.
Shonoo.
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Salamualaikum,
Sister, you said your Nikah took place over the phone. Though the scholars say it is not allowed due to various reasons, when you have done it, let us analyze its validity.
1. Did you have a Wali from your side?
If your answer is no, then your Nikah was invalid without any further discussion.
2. You said there were no witnesses in the room. Do you mean it was only the Imam who pronounced the Nikah and did your Nikah with no witness over the Nikah?
Having two witnesses is a necessity in a Nikah.
3. What about the Mahr?
Did he give you the Mahr or not?
A Mahr is a condition in a valid Nikah.
Your action of burning the Nikah papers makes no sense. Because in Islam, relationships are not dependent on papers.
If you simply gave yourself in marriage without the involvement of your Wali, then without any doubt, your Nikah is invalid and your physical relationship was Zina.
Assuming that your Nikah was invalid due to the absence of witnesses and Wali (assuming there was no Wali), I advise you to seek Allah's forgiveness for your sins and hope for His Mercy.
Bring your baby up as a good Muslim. And seek a good Muslim man in marriage. Insha Allah you'll find one.
May Allah forgive you, me and all the Muslims.
Aameen
Wassalamualaikum
Muhammad Waseem
IslamicAnswers.com Editor
Dear Sister,
I know one thing that Nikha and Talaq is not joke, meant to say that if you said i accept you as husband and similarly in reply the man said i accept you as wife the married is true however in the process presence of witness and Wakil is necessary. And if a man said you are talaq then the women is talaq even if he did not really mean it, therefore I suggest you to please consult with a Imam who could explain to you the right path otherwise during the judgment day only orders are announced (By Almighty God) no exceus are acceptd
If you wish me to share your case with a Imam and let you know the response as per Sharia and Islamic law plesae let me know
Asalam waliykum,
Alhamdulillah you made the right choice and got out of it. Afraid to say it was not Valid nikkah.
i assume from your story you did not have you amily blessing. Therefore no wali? your father or other close male relative?
Thenikkah needs to be performed with 2 male witnesses one of whom must be your wali. And you must agree to terms, the brother needs to offer a mahr and your father and you need to accept it. Then all goes ahead. Any conditions need to be on the contract.
As you did not have wali and 2 male witnesses at the nikkah then its unvaled.
All shikhs i have listened to have said Nikkah on fone is a load of rubbish so it was not valid.
So you were in a haram relationship for a while. Just make tawba and try be the best muslimah, wife and mother you can be now. And forget the past. Move on inshallah.
wasalam