Q: 2 years ago I married a Muslim distant relative of mine in the presence of 2 adult male Muslim witnesses (my uncles) and my older sister, in front of the imam and court lawyer that prepared our official marriage contract.
My marriage took place without my fathers permission and he was not aware of my marriage until recently. My father has forgiven me and is now accepting my marriage.
I had married my fathers nephew from his cousins side. My father always wished to make him his son in law but after a family dispute my father wanted nothing to do with his family anymore.
Me and my husband live in different countries. When we visit my parents home country we would stay with my fathers relatives. So that is how me and my now husband developed feelings for each other and we wanted to make our relationship halal especially before I went back home. We wanted to make sure our communication with each other going forward would be halal. He is a religious man and that is the main reason why I wanted to be married to him.
After the family dispute, my sister and I were still living in the house of my fathers relatives under the supervision of my aunt and uncles. My father and mother had chose to live in another house until we returned to USA. Me and my husband both wanted to get married and consulted with our uncle and then peformed our nikaah the following day.
Since that day I have never doubted that my marriage was invalid because to my knowledge witnesses have to be present for the marriage to be valid. Recently some relatives of mine were showing me hadiths that claim that a woman that gets married without her guardians permission, her marriage is invalid.
Me and my husband both fear Allah and want to know for sure if our marriage is indeed valid or not. Is the marriage valid because I had 2 male witnesses. Was my marriage not valid because I did not ask for my fathers permission prior to preforming the nikaah. Would the marriage be valid now because my father is accepting my marriage and is please with my husband and communicating with his family once again. Would I have to perform a remarriage to have a valid marriage?
A: Your nikaah is valid.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)