Home » Hanafi Fiqh » ShariahBoard.org » Marriage valid or not valid

Marriage valid or not valid

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

2 years ago I have 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 father’s 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 father’s nephew from his cousin’s side. My father has always wished to make him his son-in-law but after a family dispute my father wanted nothing to do with his family anymore.

My husband and I live in different countries. When we visit my parents’ home country we would stay with my father’s relatives. So that is how my now husband and I developed feeling 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 was still living in the house of my father’s relatives under the supervision of my aunt and uncles. My father and mother had chosen to live in another house until we returned to the USA. My husband and I both wanted to get married and consulted with our uncle and had then preformed our Nikkah 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 are showing me Hadiths that a woman who gets married without her guardian’s permission, her marriage is invalid. My husband and I both fear Allaah 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 father’s permission prior to preforming the Nikah?

Would the marriage be valid now because my father is accepting my marriage and is pleased with my husband and communicating with his family once again?

Would I have to preform Nikah again to have a valid marriage?

Please provide me with some clarity I am extremely stressed and worried because I have thought I married the correct way and now I am having doubts if my marriage is valid or not. 

الجواب وباللہ التوفیق

In the situation inquired about your Nikah is correct, there is no need for doing Nikah again. If you would have done Nikah without your father’s permission, have married in the lower stature than yours and the father had not agreed with it then it would have been unreliable.

عن ابن عباسؓ، أن النبي صلی اﷲ علیہ وسلم قال: الأیم أحق بنفسہا من ولیہا، والبکرتستأذن في نفسہا۔ (صحیح مسلم، کتاب النکاح ، ۱۴۲۱)

عن اسماعیل بن سالم عن الشعبي قال: إن کان کفئا جاز۔ (المصنف لإبن شیبہ، کتاب النکاح، باب من أجازہ بغیر ولي رقم:۱۶۲۰۰)

فنفذ نکاح حرۃ مکلفۃ بلا رضا ولي۔ (در مختار، کتاب النکاح، ۴/۱۵۵)

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

Read answers with similar topics: