Islamic marriage advice and family advice

Is that nikah valid?

Girl with hidden face, teenage girl

Salam. I would like to ask a Shafi madhhabs girl from young she perform all islamic thing in Hanafii madhhab way but she eat all d seafood thing and some of the thing she do as Shafii'i way. It because her mother is Hanafii and she is living a country majority is Hanafii . All the islamic school teach in Hanafii way only.

The girl was studying in foreign country ,dat country is Shafii'i madhhabs place.she met a guy from her country he is a worker. He is Hanafii madhhabs. They met around 4 month and they are in relationship.

The guy propose her to married. She married with dat guy without permission from her father. She married secretly without asking anyone, without letting know anyone. The guy took her to the Ustaz house and they got married. She doesn't know anyone of them who make wali and witness. She doesn't know the shari'a of married in Shafii'i and Hanafii. When the Ustaz ask her to fill the form she wrote and when the Ustaz ask she say yes for the marriage.

Around three month of married her father discover that she had married. He came and took her back to her country saying that her nikah is not valid because of a Shafii'i girl can't get married without the presence of her father.

And the guy kufw is not same with the girl. She is from a pious rich background family and he is a worker. He is not religious, he is 11years elder than the girl, not educated. When she realize that what she did was totally wrong she try to explain the guy and ask him to get divorce but the guy refuse. When her father ask him to give talaab the Ustaz who perform the Nikah asking money from the girl father.

Now 3 years aldy she staying with her parents. No contact with him. No seeing no new. Is she in his nikah ???? Is that Nikah Valid????


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13 Responses »

  1. No matter what madhab you are from no nikah is valid without the presence of the girl's wali which is firstly her dad. You're dad wasn't there so no your Nikah is not valid

    • Amna, while I agree with you that the marriage was not done properly, it is not for me or you - unless you are a trained scholar - to give a fatwah and tell someone their marriage is not valid.

      The wali should be the father if he is available, but if the bride bypasses this requirement and chooses someone else as wali - and it sounds like that's what happened here - is the marriage invalid? I do not have sufficient knowledge to say for sure.

      Sister Monirah, I suggest that the couple should be remarried properly, with the bride's father in attendance. If this is not possible then let the boy declare talaq so there can be no doubt of their status.

      Wael Editor

  2. why not the nikkah is valid, there are orphan girls, girls who have no family and are brought up in foster homes, what abt them,
    will their nikkah not beome valid coz they dnt have father?

    • No I said it is firstly her dad. There are other people who can count as walis if your father is not present.

      • help me tòo, am a muslim girl he grew up in a christian family but i want to get married to a muslim man i dont know anything about islam but he is asking me to get nikhah, iam afraid to do it because i dont know islam prayers, my man doesnt know that i dont know how to pray,,what can i do and my parents allowed us to get married but they wont be there at nikah since their not muslims

        • aisha, you could get someone to teach you the prayer - maybe a friend of yours? Or maybe you could tell the man that you don't know the prayers and ask him if he will teach you after marriage.


  3. wat will they ask me when we are doing nikah

  4. Assalamoalikum,
    I want to ask you that a girl got married by performing nikah in presence of her parents and groom's two friends.Is this nikah valid?

    second question is that if they want to perform nikah twice in front of grooms parents and all public, is it valid?


    • ambreen, I see no reason why that nikah would not be valid, as long as the mahr was paid or agreed upon. And yes, if you want to do it again in front of the groom's parents and the public, that is fine as well.

      Wael Editor

      • I wanna ask that if a girl and boy did a secret nikah just to stay away from haraam stuff and right after an year now their family is ready for their marriage but after lots of up n downs now they don't want their family to know about their secret nikah so will it be possible that they'll do the nikah again and their family won't come to know about that previous nikah???
        Bcz the girls father is too much involved in paper's work and all so she's afraid that now her father will get to know something about nikahnama registration and all. So any solution!!??
        Thanks in advance!

        • Jia Khan, there is no secret nikah in Islam. Nikah requires the presence of at least two witnesses, payment of the mahr, and the presence of the girl's wali. If these requirements are not met, the marriage is invalid. Anyway, what you're really asking is how to hide something that was already done. There's no answer to that. The father will either learn the truth or he won't. It's out of your control.


          • Yeah but they did a proper court marriage where there were witnesses, advocate (their lawyer) qazi and both of them bride n groom and also decided haq mehar and they've their nikahnama too in urdu..
            I just wanna know that at the time of second nikahnamas registration will they come to know about previous one from the records or something???
            And one more question if a bride and groom did a nikah officially like a proper with parents so who's responsible to bring lawyer on nikah day and who is responsibility is to registered nikahnama?? Grooms father or brides father???

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