Four years ago I had nikah in front of 2 witness from boy’s side and there was one qazi along who recite Khudbaa of our nikaah and that qazi saab was also from boy side in this situation there was no one from my side I was alone.
Please let me know is this nikah valid because those witness refuse to say that they are my nikaah witness even the qazzi refuses of the Khutba he recited for nikah. Now that boy’s parents are not accepting me as their daughter in law and they didnt know about this nikah and his father is warning him if he marry me his father will throw him out of the home forever. His father wants him to marry his cousin sister but he does not want to marry her because he loves me and wants his parents to agree with me
Both our parents werent informed about this nikah. What should we have to do now?
Assalāmu `alaikum Warahmatullāhi Wabrakatuh,
The mistake you made was that you did not consult you parents. You went behind their back and married. If they were consulted they would have given you sound advice. You would not have been in this predicament.
Nevertheless, if you are an adherent of the hanafi mazhab, if you agreed to marry the boy in reference, the marriage is valid. You should inform your parents what you did and seek their wise counsel. It is obvious they will be angry and upset at what you did. Do apologize to them and promise them you will never repeat this in future.
If you decide to break the marriage, the boy will have to issue you a talaaq to release you from his marriage. If the marriage was consummated, or both of you spent time in seclusion, then you will have to spend iddat of three menstrual cycles. If the marriage was not consummated or both of you did not spend time in seclusion, then one talaaq will terminate the marriage and there will be no need to spend iddat.
And Allah Ta’āla Knows Best,
Muftī Ebrahim Desai
35 Candella Rd, Durban, South Africa