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Nikaah without the approval of the court

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I want to ask about nikah. I live in Dubai and my fiancée came from UK with her father to get married to me. Before marriage, a medical test is mandatory here. We did the medical test and the doctor told us that we both carriers of thalisemia, so the court rejected our medical report and refused to get us married. We got married out of court with two witnesses and the girl’s father. We both love each other and we got married. Now we planning to go to Pakistan to register our nikah there so we can have a legal marriage. Please guide us if this is permissible.

Bismillaah

A: The nikah is valid and it is permissible for you both to live together.

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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