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albetroz
09-21-2008, 04:18 PM
:sl:

I have done a lot of searching regarding this topic, however couldn't find a comprehensive answer to this.

I'm in love with a reverted Muslim girl and intent to do Nikah immediately. Her non-muslim parents not supporting our relation. We are Indians.

The only approach I know about Nikah is the Boy asks for the girl to girl's father (or guardian) in the presence of witnesses and Girl's father agrees m request in the presence of the witnesses.

In our case, this cannot be done.

My questions are:

1. What are the option for me to do the Nikah in Islamic way without Girl's father or formal guardian?
2. How can I formally announce my girl as Muslim? Is there a place she can register or something?
3. How can I legally bind our Nikah in Indian Law?

Appreciate your suggestions.

Ma'salam
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جوري
09-21-2008, 07:46 PM
:bump:

:sl: akhi, have you tried 'ask the scholar'-- I believe this questions needs some thought and insight of a religious scholar's expertise..

:w:
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crayon
09-21-2008, 10:23 PM
I've heard sometimes for women reverts, the local imam acts as their wali, you may want to ask yours and see what he has to say about this.
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albetroz
09-22-2008, 02:57 AM
How can I use 'Ask the Scholar' ?
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islamirama
09-22-2008, 03:27 AM
wa'alaikum as'salaam,

if she is a revert then her father nor her non-muslim brothers or relatives qualify as her mahrams. You don't have to go to them. You should check with the local imaam. In case of a revert, the imaam can act as their wali and wed them. As for her being muslims, proof wise you can also check with the imaam. In the west, the imam or local islamic community center issues a certificate of conversion stating the person as converted to Islam and so forth. I'm not sure how indian law works and if it recognizes nikah done by the imaam or not. You have to check with your local imaam and elders for advice on that.
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albetroz
09-22-2008, 03:55 AM
Thanks. I'm getting an idea now regarding the Nikah. The legal procedures should be pretty much the same in India too.

Thread open for somebody who have more ideas about how stuff works in India.

Ma'salam.
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'Abd-al Latif
09-22-2008, 04:45 AM
Originally Posted by islamirama
wa'alaikum as'salaam,

if she is a revert then her father nor her non-muslim brothers or relatives qualify as her mahrams. You don't have to go to them. You should check with the local imaam. In case of a revert, the imaam can act as their wali and wed them. As for her being muslims, proof wise you can also check with the imaam. In the west, the imam or local islamic community center issues a certificate of conversion stating the person as converted to Islam and so forth. I'm not sure how indian law works and if it recognizes nikah done by the imaam or not. You have to check with your local imaam and elders for advice on that.
No they can't, please read below:

since this lady in question has converted to Islam, thanks to Allaah, none of her kaafir family members can act as a guardian (wali) of her interests; no kaafir can act in this capacity over a Muslim. If there is a Muslim with some authority in your area over the affairs of the Muslim community, then he can act in this capacity, based on the Prophet's (peace be upon him) hadeeth:

"No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one." (see Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.)

If there is no authoritative Muslim person, then one should refer to the community Muslim leader or any Muslim who is just ('aadil), respected, and of high character, such as the director of the Islamic center or its imam, to conclude the marriage contract of this sister, with her consent.
IslamQA.com
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جوري
09-22-2008, 07:25 AM
Originally Posted by albetroz
How can I use 'Ask the Scholar' ?
:sl:
on this website

http://www.islamonline.net/servlet/S.../FatwaCounselE

:w:
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Malaikah
09-22-2008, 12:37 PM
Originally Posted by 'Abd-al Latif
No they can't, please read below:
He said mahram, not wali. A mahram is not a guardian.
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'Abd-al Latif
09-22-2008, 02:23 PM
Originally Posted by Malaikah
He said mahram, not wali. A mahram is not a guardian.
SubhanAllah :-[ ...sorry. It was really late at night and I was sleepy.

Forgive me aakhee Islamirama.
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