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Incorrect faskh of nikaah and nikaah without witnesses

Q: I am in a dilemma. My parents used to have problems. In 2009 my mums dad passed away so my mum went for the burial and thereafter decided to stay at her own mums house. Since then she hasn’t met my dad. She wanted a divorce which my dad isn’t ready to give, so she applied for khula. Our community is helping in this but they are very slow. She works at her dad’s shop, so another man has liked her. Because our community is very slow, this man went to the qadhi and made him sign the divorce papers and the qadhi even performed their nikah but my dad doesn’t know about this and there was no wali at the time of nikah. Both my mum and that man sit and talk. Please explain if this is halaal or not? 


A: Since your father did not issue a talaaq nor was the correct Shar’iee procedure followed to annul the nikah (faskh), the nikah between your mother and father still remains. It will be impermissible for your mother to be in contact with the strange man.

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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