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Is this marriage valid and how can the girl get a Khula?

Please clarify, if 1.Nikah was performed in secret without presence or consent of Wali 2.Boy is not kafu for Girl in Educational, social, economic and cultural aspects. 3.Boy undertook this act with false promise and fake assurance that he has a job and will soon send the formal marriage proposal. 4.Marriage was kept secret for more than one year. 5.No direct contact with each other since more than a year. 6.Boy is non seriousness in commitment,is a habitual flirter and has even planned to marry another girl even after this marriage. 7.Boy undertook this act with intention to acquire money and property after marriage. 8.His purported plan to ask for big amount of money in return of the original Nikahnama & Affidavit if he didn’t succeed in acquiring the property. Girl & his family wants to end this relation.But boy’s side are not giving any response and wants to hang on. So I want to ask whether this marriage was valid or not. If valid what to do for getting Khula?

Answer:

(Fatwa: 1067/D=236/File D=1432)

If other conditions of the nikah were fulfilled i.e. the ijab-o-qubool (proper exchange of nikah words) was made according to Shariah in the presence of two witnesses then this nikah was valid. However, this nikah was done in non-kufu without the permission of wali (guardians); hence the guardians have the right to revoke the nikah to repel dishonour until she is not giving birth to a child. If they wish, they can file a case in Shariah Panchayat or Darul Qaza and get the nikah revoked. If the reason numbers of 3, 5, and 6 mentioned in the question are true and the girl does not want to live with her husband, then the husband should be asked to give talaq or khula in exchange of mahr. Khula is not valid without the consent of husband.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Original Source Link

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Tags: child, consent, education, guardian, habit, job, khula, mahr, Marriage, marriage proposal, marry, Nikah, qaza, sharia, Shariah, Talaaq, two witnesses, Wali

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