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Protecting Themselves from Sin: A Court Marriage Story with Parental Objections

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My friend married a guy through court marriage. Why? To protect themselves from committing sins. But when they told their parents after about a month, the girls parents lashed out and said that the Nikaah is invalid. So they accepted. Now the father of the girl has placed conditions for the boy that if he accomplishes them, they will gladly have them wedded. But the parents are only doing this to kill time. What must they do? Since the boy is getting angry and wants to bring in the police. Though we all know that is not right.

Bismillaah

A: Normally in a court marriage the shar`ee requirements are not complied to, and when they are not complied to then the nikaah is not valid. The nikaah has to be renewed.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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