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Marrying a girl without her father’s permission

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I used to talk to a girl from my relatives. We decided to get married. At that time the girl lived at her grandfather’s house. I went there several times. The grandfather and the girl told me that the girl’s father gave the girl’s grandfather permission for her to get married. In 2017 nikaah was performed. Mehr was decided, witness were present, ijaab and qabool took place and the khutbah of nikaah was performed. The girls parents did not know about the nikaah.

Once nikaah was done, we meet twice and we were alone in the house. Now I want to complete the rukshati. I want to know if this nikaah is valid or not? 

Bismillaah

A: If she is of the same social standing as yourself then the nikaah is valid. However, the manner that was adopted in performing the nikaah where the girl’s family was not present and not informed is totally wrong. This leads to a lot confusion and complications coming about.

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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