Islamic marriage advice and family advice

Husband is in prison, we were married by proxy

Posted by • October 4, 2013 • Printer-friendly

certificate

As-Salaam Alaikum,

I'm Muslim, as well as my husband. He's incarcerated at this time, and has been for 14 years. We've been married for five months now but by proxy. Do we need to re-marry in the Masjid to be legal in Islam laws?

-cookbook


Tagged as: , , ,

3 Responses »

  1. a repenter muslimah
    October 5, 2013 • 7:12 am

    Dear Sister,

    Only an Islamic authentic scholar can answer your question. You can contact any of such in your local area.
    you can also put your questions (may be with bit details) on IslamQA.com for better guidance in light of Islam.

    May Allah(swt) make things easy for you. aameen

    Your Sister.

    Reply
  2. Issah
    October 6, 2013 • 4:25 am

    AsSalaamu Alaikum,

    For the mean time as you search for an authentic Islamic Scholar to confirm this, I would like to give some little help base on what I know. But I am not a scholar so don't take anything from me.

    Ibn Qudamah said in Al-Mughni:

    "And the marriage contract, stating the "offer" and the "acceptance" through the Wakeel (representative) is permissible, because the Prophet (s.a.w.s) ordered 'Amru ibn Umaiyah and Abu Rafi to represent him in "accepting" one of his marriage contracts, and because the necessity permits that, and perhaps the man could have been in a far distance while in need of the marriage, and could not be at presence in the marriage contract proceeding), and for the Prophet (s.a.w.s), married Umu Habibah while she was residing in the land of Habesha at that moment."

    However, what is most importantly in the marriage contract is the uttering of the "offer" and the uttering of the "acceptance".

    The uttering of the "offer" must be by the woman's Wali, or by the Wali's Wakeel (representative), and the uttering of the "acceptance" must be by the man (Husband), or by the man's Wakeel (representative). And the uttering of the "offer" must always come first before the uttering of the "acceptance". Like the Wali or his Wakeel will start by saying "I give her in marriage to you" and then the man or his Wakeel will say "I have accepted". If this condition has been fulfilled during the marriage contract proceeding with two witnesses around , then the Marriage is valid bi idhnillah.

    This is just a little information but you may still confirm it from your local scholars or Imams.

    May Allah ease things for your husband, and may He bless your marriage!!!

    Reply
    • Issah
      October 6, 2013 • 8:15 pm

      Maybe this would be the correct translation of Ibn Qudamah's statement

      "And the marriage contract, stating the "offer" and the "acceptance" through the Wakeel (representative) is permissible, because the Prophet (s.a.w.s) ordered 'Amru ibn Umaiyah and Abu Rafi to "represent" him in "accepting" one of his marriage contracts, and because the necessity permits so, and perhaps the man could be in a journey while in need of the marriage, and cannot be available during the time of the Nikah contract, and also because the Prophet (s.a.w.s), married Umu Habibah while she was residing in the land of Habesha at that moment."

      Reply

Leave a Response