I recently asked for a sister hand in Nikah (she and I have been previously married – both with children of our own) – The Family (including her dad) does not object to Nikah but they want her to get Nikah after some time or rather after she get her own place – The sister wants her own home but wanted to Nikah as soon as possible to avoid fitna between ourselves. She agreed to my request to her for Nikah and we got the Imam and more than two witnesses and got our Nikah done as simple as possible (with Mahar agreed between us). She still lives separate from me until she get her own place. Everyone says the Nikah according to Hanafi Fiqh is permissible so we decided to go thru with it. Is our Nikah Valid ? We decided not to inform her family as they are focusing more on the material things.

I recently asked for a sister hand in Nikah (she and I have been previously married – both with children of our own) – The Family (including her dad) does not object to Nikah but they want her to get Nikah after some time or rather after she get her own place – The sister wants her own home but wanted to Nikah as soon as possible to avoid fitna between ourselves.

She agreed to my request to her for Nikah and we got the Imam and more than two witnesses and got our Nikah done as simple as possible (with Mahar agreed between us).

She still lives separate from me until she get her own place.

Everyone says the Nikah according to Hanafi Fiqh is permissible so we decided to go thru with it.

Is our Nikah Valid ? We decided not to inform her family as they are focusing more on the material things.

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Nikah in reference is valid. However, we discourage secret Nikahs due to many negative consequences of a secret Nikah.

Rasulullah Salallahu Alahi Wa Sallam advised to ‘announce the Nikah’². Thus, performing a secret Nikah is against the teachings and advice of Rasulullah Salallahu Alihi Wa Sallam.

In the case in reference, what if the parents come to know of the secret Nikah? In all probability, they will feel betrayed and sidestepped. That is a serious offence to parents.

While the Nikah performed is valid, we advise you explain to her parents the situation and the utmost importance of safeguarding one’s Imaan and abstaining from Haram. You may also consider asking your local Imam or Ulama or some senior members of the family to speak to her parents.

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/

بدائع الصنائع في ترتيب الشرائع (2/ 255)¹

وَكَذَا ذُكُورَةُ الشَّاهِدَيْنِ لَيْسَتْ بِشَرْطٍ عِنْدَنَا وَيَنْعَقِدُ النِّكَاحُ بِحُضُورِ رَجُلٍ وَامْرَأَتَيْنِ عِنْدَنَا

  رد المحتار(3/56

و يفتى فى غير الكفاء بعدم جوازه اصلا و هو المختار للفتوى لفساد الزمان (رد المحتار) قال العلامة ابن عابدين (قولنا بعدم جوازه اصلا) هذه رواية الحسن عن ابى حنيفة و هذا اذا كان لها ولى و لم يرض به قبل العقد فلا يفيد الرضا بعده بحرو اما اذا لم يكن لها ولى فهو صحيح نافذ مطلقا كما ياتى.

قال رسول الله صلى الله عليه وسلم أعلنوا هذا النكاح ²

^{Jaami’ Attirmizi Vol:1 Pg:207 (H.M. Sa’eed company)}