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Court marriage

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My question is regarding my marriage. When I met my husband I wasnt paying much attention to religion so we married in court as civil marriage. My father and mother left me alone in another country so I didn’t have any wali present on the day we got married. Now since I learned more about Islam and I am concerned, I would like to know if our marriage is valid?

Bismillaah

A: If there was a proposal and an acceptance found from the husband and wife or their representatives in the presence of two baaligh male Muslim witnesses or one baaligh muslim male and two baaligh muslim female witnesses, the nikaah will be valid.

Note:
1. The nikaah will be valid on condition the proposal and acceptance took place with the correct words.

2. Without the permission of the wali, if the nikaah is performed to a boy who is a kuf (a suitable and equal match for the girl), the nikaah will be valid, though this is against the Sunnah. The Sunnah practice is that the wali consent to the nikaah. However, if the nikaah is performed to a boy who is not a kuf of the girl (a suitable and equal match for the girl), the nikaah will not be valid. After the wali gives permission, the nikaah will have to be repeated. For the details of kuf, refer to http://muftionline.co.za/node/22663

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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