Home » Hanafi Fiqh » Askimam.org » A guy from SAudi Arabia (Shia) asked on the IM would you like to be my wife…etc……I said yes…now per his believe I m now her wife…but in my mazhab we are not married yet because we need the witness…!!

A guy from SAudi Arabia (Shia) asked on the IM would you like to be my wife…etc……I said yes…now per his believe I m now her wife…but in my mazhab we are not married yet because we need the witness…!!

Answered as per Hanafi Fiqh by Askimam.org

Mufhti I would like ask your explanation…I was meet a guy from SAudi Arabia (Shia) at muslimmatrimonial few months ago….Then he asked on the IM would you like to be my wife…etc……I said yes…then few days later he was send me Mahar regardless. Before I dont realize that hes came from Shia mazhab….As per his believe I m now her wife…but in my mazhab we are not married yet because we need the witness……I have made sholat Qiyamul Lail & Istikharah regardless to get clue from Almighty allah…but he always on my heart & mind…please explain to me what the status regardless & what AlQuran verse regardless the nikah…as i believe at An nissa verse 24 mention it……Did i made sin if i follow him…I need the verse of Alquran regardless

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

There are two issues to your query

1)      Marrying a Shia

2)      Valiidty of the Nikah

1)      If the boy believes in the following;

.       Hulool ( the spirit of Allah penetrated into Hadrath Ali رضى الله عنه ),

.       Believes that the Quraan has been changed from its original form,

.         Believes that Hadrath Ali رضى الله عنه was the Final Nabi and that Jibraeelعليه السلام  has erred in coming to Muhammed (صلى الله عليه و سلّم),

.        Falsely accuse Hadrath Ayesha رضى الله عنها,

.        Consider the Shaykain (Abu Bakr and Umar رضى الله عنهما) to be Kaafir (non Muslims),

.         Consider it an act of virtue to swear the Sahabah (companions of Rasulullah صلى الله عليه و سلّم)

He will be a Kaafir (non Muslim) and therefore not permissible to marry (Fataawa Mahmoodiyya Vol.4 Page 131)

It is important to note that each one of those above mentioned in correct beliefs are found in authentic Shia literature. Shia also believe in holy taqiyyah. That is to conceal the truth due to circumstances for example da’wah etc.

2)      According to Shariah, it is necessary to have two witnesses for the validity of a Nikah (Al Bahr Raiq Vol.3 Pages 87-88 Rashidiyya). Therefore, if there were no witnesses to the proposal and acceptance, the Nikah is not valid. You will not be considered as his wife. It is Haraam for you to have any contact with him or harbour any feelings for him.

 

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,

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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