my question is that i have a situation i am hanafi and my wife left her family without permission or there knowledge to come and marry me we got married with over 50 witnesses and her family accept the fact she married including her after she got home for a while she deny the marriage saying its haram because he parents did give permission for it she took away all my rights my question is, is the marriage valid or invalid we already had sexual relations as well please help me as i want to do whats best thank you
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
Allah Ta’ala has created men and women as lifelong partners for one another, so that they may procreate and live in peace and tranquillity according to His commandments and the guidelines of His Messenger (Sallallāhu alayhi Wasallam). The nature of marriage is such that it brings about joy and happiness to the couple and their families. It is mentioned in the Holy Qur’ān:
In addition, amongst His signs is this that He created for you mates from amongst yourselves, so that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Undoubtedly in these are signs for those who reflect. (30:21)
Marriage is a religious duty, a moral safeguard as well as a social necessity. Through marriage families are established and is regarded to be an essential component of our society. It is also a form of Ibādah because it is obeying Allah Ta’āla and His messenger (Sallallāhu Alayhi Wasallam). It is not a matter that can be taken lightly and should be entered into with total commitment and full knowledge of what it involves. Marriage is not like buying a new dress where you can exchange it if you do not like it. Your partner should be your choice and the choice of your parents for life and vice versa. One should be mature enough to understand the demands of marriage so that the can be a lasting one.
It should be understood that Nikah is a public institution. The teaching and spirit of Islam emphasise the public announcement of a Nikah. That is why the presence of witnesses is an integral constituent of the marriage ceremony, which is not valid without witnesses.
In order for a Nikah to be valid, the proposal of the boy and girl intending to marry must take place in the presence of two Muslim male witnesses or one Muslim male and two Muslim females. If the Nikah in reference was conducted with this condition, then only it will be valid.
(Fatāwa Mahmūdiya, Vol. 11, Pg. 27, Fāruqiyyah)
(Al Hidāyah, Vol. 2, Pg. 306, Shirkat Ilmiyah)
(Badāi us Sanai’I, Vol. 2, Pg. 523, Deoband)
According to our understanding, your mariage is still intact. However, the manner in which your marriage was conducted is against the practice of the Shariah. If from the very beginning both parties were pleased to continue with this marriage, then this problem would not be facing you. Nevertheless, the damage is done and your wifes parents have agreed to your marriage.
We suggest that the local Ulema be contacted and mashwerah (consultation) be made in order to assist you in this dilemma.
And Allāh Ta῾āla knows best
Wassalāmu ῾alaykum
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah