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Compatibility between spouses in a secret nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: One of my friend proposed me 2 years back. I liked him from the beginning but I had a firm mindset that if my parents agree then we’ll get married otherwise not. During the summer holidays I went back home and told my parents about him and they both said no. I thought that if they meet him once, they might change their mind. I told my brothers about him, they met him and they both said that he is a pious person with good character but if dad has said no then its a NO. Then I told my friend that my parents refused.

We had a few fights but we again became friends. 2 months back I started spending more time with him as I lost almost all my other friends but we always tried our best to maintain a halal distance. He started mentioning about the secret nikah here and there. Everytime he did, I got annoyed at him and told him not to think about it.

One day he said that either we do nikah or our friendship will be over forever. I said that if you want to finish the freindship then go ahead… bear in mind that at that time I was going through a tough time and depression and loneiness.

After a couple of days I went to him and said to him that I’m ready for the nikah. We did nikah in the presence of 2 witnesses who were both Muslim and mature.

My question is, according to the Hanafi fatwa “a mature girl can give herself in marriage without walis consent in the presence of 2 witnesses but the both boy and girl should be of same “social status”.

That boy is African and I’m Pakistani. Do you think that the 2nd part of the fatwa in anyway nullifies the nikah or makes it invalid?

Bismillaah

A: If there is no kufw (compatibility) in social standing and piety between the both of you then the nikaah is not done.

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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