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Question on Marriage

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

A.S. Mufti Sahib, responding to your answer for Q12558 whereby you require more info. from me.

DETAILS:

A.S.,

In today’s day of ignorance a person takes pride over another due2 his nationality e.g. An Indian sees a Pakistani inferior, A Pakistani sees a Bangladeshi inferior, A Bangladeshi sees a Burmese inferior etc. A slave equiv from India will pride over a Pakistani and so forth. I’m originally from Bangladesh, my wife is from Pakistan.

My lineage is seen by others as people of high status, nobility, literacy, wealthy & those who employed & looked after the affairs of others. Basically my lineage is equal to or greater than my wife’s. Me & my wife r adults, we r not Sayyids or Sheikhs.

My father in law was informed a few years in advance that I wish to marry his daughter. My parents even made a formal proposal to him. His refusal to our proposal was simply due to the fact that I was not a Pakistani.

As I mentioned earlier I speak fluent Urdu but my first language happens to be Bengali.

My wife’s brother realised this so called racism or ‘Asabiyyat that my father in law harboured against me & stood in the way of marriage. Hence he acted as Wakeel in the presence of 2 further male Muslim witnesses, an imam and my wife was present with Niqaab on. The marriage was conducted in a masjid. Even though I am better-off, more literate over my wife and of high noble lineage then on what grounds can some1 pass a fatwa based on Kufwu that my father in law has the SHARI’AH AUTHORITY to terminate our marriage simply because I am not of the same country? Please advise. Jazakallah


Answer:

 

                  

If your wife is really not a Sayyid or a Sheikh and the wife’s brother was also present at the time of the Nikah then this marriage was correct.  The wife’s father has no right to invalidate this marriage simply because she is a Pakistani and you are a Bangladeshi.  You and your wife should live a good marital life and you should be good towards your in-laws.  Insha Allah they will later also come to terms regarding it.               

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

11 September 2004

25 Rajab 1425

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