Valid marriage without a dower? Valid divorce three talaq in once?
I heard that in Muslim marriage there is only need 1) witnesses 2) one sitting 3) offer4) acceptance.
There is no need of any Qazi or primarily amount of dower. That means the amount of dower may be decided even after marriage.
I married a boy on the above process in the presence of 9 adult person (both men & women), but there was no clear mention that who are the witnesses? & we did not decide the amount of dower.
After that, we discussed the matter with some senior person and Imam of Mashjid. They told us, it’s a valid marriage and suggested to decide the amount of dower and registry
That is why we live as a married couple and such situation exist 1 year.(without dower) After 1 year, some misunderstanding arose and we decided to separate. In presence of my 3 female friend (above 18) he gave me “talaq” (pronounced the word “talaq for three times in one sitting).
According to shariah law can I say that was a valid marriage?And what about divorce? Please help me….
munia
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Salaams,
A dowry is required for an Islamic marriage to be valid. Most of the time, the dowry is determined before the nikka because the bride has the right to refuse the proposal if she believes the amount of dowry is not suitable for a woman of her status (whether that be spiritually or in dunya). However, the amount of the dowry is not set, and does not necessarily have to be in the form of money or jewelry. In the following narration, Prophet Muhammad (saws) married a couple with the dowry being the groom reciting Qu'ran:
Narrated Sahl bin Sad As-Sa'idi: A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to give you myself in marriage (without Mahr)." Allah's Apostle looked at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." 'The Prophet said, "Have you got anything to offer?"' The man said, "No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and see if you have something." The man went and returned, saying, "No, by Allah, I have not found anything." Allah's Apostle said, "(Go again) and look for something, even if it is an iron ring." He went again and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet)." He had no rida. He added, "I give half of it to her." Allah's Apostle said, "What will she do with your Izar? If you wear it, she will be naked, and if she wears it, you will be naked." So that man sat down for a long while and then got up (to depart). When Allah's Apostle saw him going, he ordered that he be called back. When he came, 'the Prophet said, "How much of the Quran do you know?"' He said, "I know such Sura and such Sura," counting them. The Prophet said, "Do you know them by heart?" He replied, "Yes." The Prophet said, '"Go, I marry her to you for that much of the Quran which you have."'
Sahih Bukhari 7:62:24
If you never received a dowry (mahr) from your husband, then I personally would question the validity of the marriage. I understand a lot of couples may not have known the technicalities of what is required for the marriage to be valid and went foward believing they were married anyway, but as soon as it came to your awareness it should have been corrected (in this case, you should have been given a dowry as soon as it was mentioned).
As far as the issue of divorce, it is haraam to issue a "triple talaq", because it negates the iddat (waiting period) prescribed by Allah for women who are being divorced. Nevertheless, scholars have stated that even if a triple talaq is uttered, it is still valid and results in a divorce; but are not agreed whether it counts as one (with iddat to follow as though it were uttered only once) or if it is final.
In any case, between the issue of the mahr and the issuance of the talaq, it is my personal opinion that yyou are probably not married at this time. Since I am no scholar, I would suggest bringing this issue to your local imam and asking his opinion on the matter.
-Amy
IslamicAnswers.com Editor
-Amy