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After refering to your website (www.ask-imam.com) and other resources i married to a christian girl by registered court marriage with 1 muslim & 2 non-muslim witnesses, since she is from Ahle Kitab,…

Answered according to Hanafi Fiqh by Askimam.org

Assalamu’ alekum,
After refering to your website (www.ask-imam.com) and other resources i married to a christian girl by registered court marriage with 1 muslim & 2 non-muslim witnesses, since she is from Ahle Kitab, although initially she did not accept islam. After doing much DAWA and debut with her she accepted islam approx. after a year by her own will, that time she was also pregnant for 4 to 5 months and then we conducted nikah in islamic way to follow sunnah. One of my relative who works for ISLAMIC RESEARCH FOUNDATION (IRF) told me that according to islamic shariah the marriage is not valid since she was pregnant during the nikkah and also i conducted court marriage. This issue has worried me alot sometimes i get sleepless nights and tension. Few days back my wife delivered a baby boy, during that occassion this relative visited my place and again triggered the same issue. Please let me know whether in islam can a guy marry a women if she is pregnant, although they conducted court marriage before pregancy. please quote some valid hadith. jazakallah.. Please Do Reply To My Question.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

At the outset, it is important to mention the necessary conditions for a valid nikah between two Muslims to take place according to Shari’ah. The conditions are ijab (proposal) and qabul (acceptance) in the presence of at least two free, sane, mature, and Muslim males or one male and two females. However, since the girl was Christian at the time of the registered court marriage and two of the three witnesses were non-Muslims, there are two possibilities. If the non-Muslim witnesses were from the ahl-e-kitab, i.e. Christian or Jewish, then the nikah will be valid according to Shari’ah. If the non-Muslim witnesses were not from the ahl-e-kitab, then the nikah will not be valid and it would be considered illegal and illegitimate for you and the woman to live with each other or be in any contact with each other. If that was the case, it would be necessary for you to make sincere tawbah and istighfaar.

It is pleasing to hear that the woman has accepted Islam Alhamdulillah and that the nikah thereafter took place according to the “Islamic way” as stated in your query. If the first nikah was not valid (if the two non-Muslim witnesses were not from the ahl-e-kitab) and the abovementioned conditions for the nikah of two Muslims were fulfilled for the second nikah, then the second nikah will be legitimate in Shari’ah, even if the woman was pregnant at the time.

 ( قوله : وصح تزوج مسلم ذمية عند ذميين ) بيان لكون اشتراط إسلام الشاهد إنما هو إذا كانا مسلمين أما إذا كانت ذمية فلا عندهما ، وقال محمد لا يجوز ؛ لأن السماع في النكاح شهادة ، ولا شهادة للكافر على المسلم فكأنهما لم يسمعا كلام المسلم ، ولهما أن الشهادة شرطت في النكاح على اعتبار إثبات الملك لوروده على محل ذي خطر لا على اعتبار وجوب المهر إذ لا شهادة تشترط في لزوم المال ، وهما شاهدان عليها بخلاف ما إذا لم يسمعا كلامه ؛ لأن العقد ينعقد بكلاميهما ، والشهادة شرط على العقد أطلق في الذميين فشمل ما إذا كانا موافقين لها في الملة أو مخالفين كذا في البدائع ، وقيد بصحة العقد ؛ لأن أداءهما عند القاضي عند إنكار المسلم غير صحيح إجماعا ، وعند إنكارها مقبول عندهما مطلقا

(Al-Bahrul Raaiq, 3/90, Rashidiyya)

And Allah knows best

Wassalamu Alaikum

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah


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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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