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Waleemah and secret nikaahs

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q:

1. I have been in a secret nikaah for 10 years. As such, we didnt do walima. My immediate family now know about my nikaah. Is it possible to do a walima so long after a nikaah?

2. Also, according to my husband he says that because I’m a secret wife, I have no right to inheritence according to Islam. Kindly confirm/clarify.

3. I must point out that 5 years ago, his first wife learnt about us. She was devastated but wanted to meet me. She has accepted his nikaah to me but insisted that the nikaah must still be kept a secret and set specific rules for us. So…is our nikaah still a secret one and is it justifying for her to set such rules and ask that the nikaah still be kept a secret?

Bismillaah

A:

1. The time of walimah has already passed.

2. You have all the rights. When the nikaah is done then you are his spouse. If he deprives you then he is doing haraam and exposing himself to serious consequences.

3. When Nabi (sallallahu alaihi wa sallam) has commanded that the nikaah be announced then obviously her position is not above Nabi (sallallahu alaihi wa sallam). And when she is not your guardian then it is an act of injustice that she pretends to be your guardian setting out rules for you.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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