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Unconscious Nikaah: Is it Valid?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I was forced for a marriage, I never wanted to marry this man. So I consumed 120 sleeping pills. Unfortunately I did not die but due to the effect of the medicines I was not fully conscious. Under the influence of medicines my nikaah took place. I do not remember any single event of that day. Is my nikaah valid?

Bismillaah

A: Suicide is a major sin in Islam. Severe warnings have been sounded in the Mubaarak Ahaadith for the one who perpetrates this grave sin. The one who takes his life through committing suicide, then until Allah Ta’ala does not forgive him, his punishment in the fire of jahannum will be that he will continue to inflict the same type of pain upon himself and continue to experience the agony and pain. You should thank Allah Ta’ala for allowing you to live and sincerely repent to Allah Ta’ala for trying to commit suicide. Make a firm resolve that you will never repeat this sin in the future.

If you did not give consent prior to the nikaah for the nikaah to be performed, and after the nikaah was performed you did not accept it, then the nikaah is not valid.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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