Home » Hanafi Fiqh » Askimam.org » 1. Is there any Islamic law that prohibits me and my wife to take the Nikkah together? 2. I have read that the Groom my read his own Nikkah and the Wali my read his wife nikkah,

1. Is there any Islamic law that prohibits me and my wife to take the Nikkah together? 2. I have read that the Groom my read his own Nikkah and the Wali my read his wife nikkah,

Answered as per Hanafi Fiqh by Askimam.org

My question is related to marriage and more specifically the Nikkah.

Both my parents and my future wife’s parents have happily agreed to our marriage.

I would like the Nikkah to take place in a slightly non traditional way such that both me and my wife are sitting together during the Nikkah recital. My wife would like to take the Nikah recital like this as well. Her parents, therefore her wali, has no objections to us reading the Nikkah together.

However, my parents, would like the nikkah take place in a more traditional way – that is the groom and the bride are seated in separate rooms and the brides wali (in our case her father) is present to witness my acceptance of the marriage, and then the Islamic scholar goes to the womans side to ask for her acceptance.

As I noted above, I’d prefer the Nikkah take place with me and my wife sitting together with the relevant witnesses in the same room.

My questions are :

  1. Is there any Islamic law that prohibits me and my wife to take the Nikkah together? If not, is there any proof of any Sahabeeh who took the Nikkah infront of his wife?
  2. Also, I have read that the Groom my read his own Nikkah and the Wali my read his wife nikkah, and there does not need to be any Maulvi present. Is this true?

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Nikah is an act of Ibadat and a great sunnah of Rasulullah (صلى الله عليه وسلم). The occasion invokes the Rahmah and mercy of Allah. It is important to maintain the spiritual aspect of the Nikah and do it the sunnah way. It is Sunnat that the marriage be announced and performed in the Masjid and the bride is represented by her Mahram (father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. Rasulullah (صلى الله عليه وسلم) said, “Announce the Nikah and conduct it in the masjid”.                                                                                                        (Tirmizi PG 207 Sa’eed Company)

Unlike other cultures and religions, Islam treats Nikah as a form of worship, and it is a means of attaining piety and closeness to Allah Ta’ala. It is for this reason emphasis is laid on how we carry out every action in conformance to the sunnah.

عن عائشة قالت قال رسول الله صلى الله عليه وسلم: “النكاح من سنتى فمن لم يعمل بسنتى فليس منى …” (رواه ابن ماجه)

It has been narrated on the authority of Aishah (Radhiyallahu Anha) that Nabi (Sallallahu Alaihi Wasallam) said, “Nikah is from amongst my Sunnats, and whosoever does not follow my sunnah, is not from me.

(Sunan Ibn Majah Pg.132/3 – Qadeemi Kutub Khana)

As Muslims, we believe that every Sunnah of our beloved Prophet [sallallaahu alayhi wasallam] is filled with noor (divine light) and blessings of Allah Ta’ala. Therefore, the illustrious Sahaaba [radhiallaahu anhum] and Muhadditheen [ra] took great care in preserving the noble Ahaadith and Sunnah of Rasulullah [sallallaahu alayhi wasallam]. And through their sacrifices Allah Ta’ala has facilitated a huge amount of literature in which the blessed Sunnah of Rasulullah [sallallaahu alayhi wasallam] is preserved up to this day for the Ummati (follower) of the 15th century of Islam to adopt.

Allah Ta’ala declares, “There certainly is an excellent example in Allah’s messenger for him who fears Allah and the last day and remembers Allah abundantly”                                                                     (al-Ahzaab 21)

Rasulullah [sallallaahu alayhi wasallam] said, “He who holds firm to my Sunnah when corruption is rampant in my Ummah will attain the reward of a hundred martyrs.”

 (Al-Bayhaqi fi Zuhd; Hidaayatur ruwaat vol.1 pg.136 Hadith174)

Sayyiduna Anas [radhiallaahu anhu] reports that Rasulullah [sallallaahu alayhi wasallam] advised, “Whoever cherishes my Sunnah, indeed he cherishes me and whoever loves me will be with me in Jannah.”

 (Sunan al-Tirmidhi Hadith 2678; Ibid)

One who discards the Sunnah is warned severely by Rasulullah [sallallaahu alayhi wasallam] with the words, ‘I curse him, Allah curses him and so does every Prophet of Allah [alayhis salaam].’ (Mustadrak al-Haakim V 1 PG 36 Hidaayatur ruwaat, Hadith105). This clearly highlights the cause of most of the social mishaps prevalent in the Muslim community of today. How can the blessings and mercy of Allah be found in that marriage which is devoid of the Sunnah of Rasulullah [sallallaahu alayhi wasallam]

 As far as the marriage ceremony is concerned, Islam permits and encourages us to have a walimah, but at the same time advices us to keep them as simple as possible. This also is a great Sunnah which is being discarded.

 وقال عبد الرحمن بن عوف قال لى النبى صلى الله عليه وسلم “أولم ولو بشاة”. (رواه البخاري)

‘Abdur Rahman bin ‘Auf (Radhiyallahu Anhu) mentions that Nabi (Sallallahu Alaihi Wasallam) said to me, “Conduct your walimah, even if it means slaughtering a sheep”.

(Sahih al-Bukhari Vol.6 Pg.173 – Dar al-Fikr)

 عن عائشة أن رسول الله صلى الله عليه وسلم قال “إن أعظم النكاح بركة أيسره مؤنة”. (رواه البيهقي في ” شعب الإيمان” )

It has been narrated by Ai’shah (Radhiyallahu Anha) that Nabi (Sallallahu Alaihi Wasallam) said, “The most blessed wedding is that which has the least expenses”.

(Mishkat al-Masabeeh Pg.268 – Qadeemi Kutub khana)

Hence, the simpler the marriage, the more blessed it will be. As a result of this, there will be more love between the husband and wife; the children born from this marriage will be pious and the marriage will be a means of attaining success in the eternal Hereafter. We hope that Allah Ta’ala affords each and every one of us the opportunity to carry out our lives in such a manner that we obey every command of Allah Ta’ala and bring our lives in accordance to the beloved sunnat of Rasulullah(Sallallahu alaihi Wasallam).

And Allah knows best

Wassalamu Alaikum

Ml. Ebrahim Desai,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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