My parents got married in the 90s. At that time (in our country) it was very difficult with Islam, only people began to observe. Many people lived like in the USSR.
As soon as I began to study Islam myself, I understood many things of Alhamduli Llyahi.
That’s why I asked my mother, did you have Nikah with your father ?!
She: I don’t remember, but someone read something and we drank water, only I remember that, I don’t even remember witnesses. Then the marriage was registered at the registry office.
I thought, maybe they didn’t have Nikah at all, even if they did, but not all conditions were met.
1. Do they need to update Nikah ?!
My father is far from Islam (ethnically Muslim). According to his mother, he once swore a prayer.
And my mother used to go to fortune-tellers, now Alhamduli Llyakhi has repented.
2. Even if they had Nikah, there is still a risk of Nikah being canceled ?!
3. Children illegitimate from such a marriage ?!
4. My parents are forbidden to live together until they renew Nikah ?!
Answer:
Wa’alaykum as Salām wa rahmatullāhi wa barakātuhu,
In the current scenario, your parents would be valid if the following conditions were fulfilled:
- Your father offered to take your mother into his Nikāḥ.
- Your mother accepted the offer.
- There were at least two Muslim male witnesses present at the time of the offer and acceptance, or at least one Muslim male and two Muslim females.
- The Nikāḥ would have to be renewed if any such act which constituted blasphemy was carried out by any of your parents.
- Refer to answer no. 1
- Illegitimate children are those children who are born completely out of Nikāḥ (wedlock) or born 6 months after the Nikāḥ was conducted.
4. If there is no valid Nikāḥ between a man and woman who are allowed to marry each other, then they may not live together.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)