I want to know one very important question about marriage and divorce. If a boy and girl do nikah in front of Qazi without knowing their parents and they live apart for 5 years is that nikah valid or void in the light of Shariah. If the girl never came to her in-laws house then is this nikah valid or not. Please let me know about this.
Answer
(Fatwa: 982/982/M=1433)
If both the boy and girl are adult and they have done the exchange of proper words of nikah in the presence of Shariah witnesses then nikah was lawful and valid. If the girl does not go to her in-laws’ home it does not have any effect on nikah. However, it is not good to have nikah without informing the parents. Nikah done with the permission and consent of parents carries blessings. But if they did nikah without Shariah witnesses then it is null and void. In this case, they should get separated from each other at once and go through a new nikah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband