Is the court marriage with someone else acceptable in Islamic and Sharyiat point of view?

I got engaged 4 months back and everything was going perfect and smoothly. Suddenly, from first week of July my fiancee started acting strangely? I meet her and enquired the problem so she said; that she is not interested in marrying me because she likes someone else. She requested me to take all blames and end up this engagement. I refused her for taking any kind of blames and mentioned everything to her mother. Her entire family was against this decision and told her that we cannot let you marry with that person at any case. No matter if me gets marry with you or whatever? after a week we came to know that my fiancee has already done court marriage with that person and all four evidence (Gavaas) were from that person side. Everyone is against this decision and asked the person family to take the girl because we cannot bear her with us. That’s just her decision from our family.

While nikkah there should be 2 evidence (Gavaas) from girl side which should be maharam. Non maharam gavaas are not applicable (In case if any maharam gavaas are not present). Please let me know is this Nikkah is acceptable in Islamic and Sharyiat point of view or what?

Answer
Bismihi Ta’ala

If the above-mentioned incident is correct, then the Nikaah is not valid. She did have the correct number of witnesses required but civil marriages do not have the correct offer and acceptance procedures (Ijaab and Qubool, I have given her in your Nikaah, I have accepted). This must take place, and it must be in the past tense, in the presence of Two Muslim male witnesses, or one Male and two females witnesses, all must be Muslim.

It is evident from the above-mentioned that the correct Ijaab and Qubool did not take place so therefore, the nikaah is not valid. Also, if the Nikaah is done outside of the Kafaa’at (compatibility) then the father has the right to invalidate it if he disagrees upon acknowledgement.

And Allah knows best.

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Mufti Yaseen Shaikh

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

Tags: court, evidence, four months, Marriage, Nikah

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