I have an urgent matter regarding Nikkah. I have asked a couple of Islamic scholars but I am still waiting for a reply, this matter is urgent, so I was hoping that one of the learned members of the forum might be able to help me out.
I have a friend who liked another muslim girl. They wanted to get married but their parents did not agree. So, both of them performed Nikkah but did not tell their parents. Now their parents have agreed after much arguing and discussion. My friend and his wife do not want to disclose that they have already performed Nikkah because this will really make matters worse. They want to go ahead and perform the second Nikkah without disclosing their first one. From Islamic point is it okay to perform nikkah twice with the same individual in a case like this? We must keep in mind that the option of disclosing the first Nikkah is totally out of the equation. Their parents have agreed after much trouble, if they hear about their Nikkah they will try to break their marriage forcing my friend to divorce his wife whom he loves. Thank you very much.
Re: advice on an Urgent family matter regarding Nikkah
So, both of them performed Nikkah but did not tell their parents
Their marriage contract is invalid and they are not married to begin with. A muslim woman cannot get married without the permission of her Wali. Wali means her guardian, and the one who has the highest right to be a guardian is her father.
The Prophet () said: There is no marriage without a wali. [Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.]
And he () also said: Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.
[Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 2709.]
Last edited by 'Abd-al Latif; 08-07-2009 at 10:07 PM.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
Re: advice on an Urgent family matter regarding Nikkah
^What the brother above said.
So in their case, they should just continue things as planned, and their parents don't need to know anything, as there was no nikaah in the first place, and because their knowing would only complicate things. Just make the proper nikaah with the parents approval and let them be together.
Re: advice on an Urgent family matter regarding Nikkah
Their original nikaah is valid if they are hanafis. Imaam Abu Hanifa discourages marriages without the walis consent but rules that marriages of adult women are valid even without walis consent.
I've never heard that there is anything wrong with performing another nikaah with your own wife. If the previous nikaah is in force, than obviously this would have no effect. And, if it was not in force, than they end up married. The result is the same in either case.
Like crayon said, I don't think they need to inform their parents, either way.
I have heard that while reverts, who revert as a couple, are still married according to sharia, many of them choose to renew their marriage by having a Muslim Nikaah. And that this is not forbidden.
Re: advice on an Urgent family matter regarding Nikkah
The words of the Prophet are above any of the schools of thought or any other person for that matter. If the Prophet said it's invalid without a wali then anyone who says contradictory to it, whether unknowinly or otherwise, then his saying does not hold any weight.
format_quote Originally Posted by Faye
Their original nikaah is valid if they are hanafis. Imaam Abu Hanifa discourages marriages without the walis consent but rules that marriages of adult women are valid even without walis consent.
I've never heard that there is anything wrong with performing another nikaah with your own wife. If the previous nikaah is in force, than obviously this would have no effect. And, if it was not in force, than they end up married. The result is the same in either case.
Like crayon said, I don't think they need to inform their parents, either way.
I have heard that while reverts, who revert as a couple, are still married according to sharia, many of them choose to renew their marriage by having a Muslim Nikaah. And that this is not forbidden.
Last edited by 'Abd-al Latif; 08-08-2009 at 10:41 PM.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
Re: advice on an Urgent family matter regarding Nikkah
format_quote Originally Posted by 'Abd-al Latif
The words of the Prophet are above any of the schools of thought or any other person for that matter. If the Prophet said it's invalid without a wali then anyone who says contradictory to it, whether unknowinly or otherwise, then his saying does not hold any weight.
There is often more than one hadith, as well as the words of the Quraan to take into effect when making a ruling. Imaam Abu Hanifa and the other Fuqaha of Islaam try to take all of them into consideration. One cannot just make a ruling by looking at one hadith.
Re: advice on an Urgent family matter regarding Nikkah
format_quote Originally Posted by crayon
^I thought of that, but isn't there also a condition that the nikaah be made public? Or is that just preferable?
There is hadith where Muslims are ordered to publicize their marriages. I'm not sure about the other schools of thought, but according to Hanafis, secret marriages are valid, though the practice is highly disliked.
Re: advice on an Urgent family matter regarding Nikkah
hmmmmm Thank you guys. We already came up with a solution. The problem is that the gus is hanfi and the girl follows whabaism. Anyway thank you for you all's help.
Re: advice on an Urgent family matter regarding Nikkah
i don't think you can do nikkah twice... it'll be invalid and invalidate the first nikkah...thats what i've been told once. But i've no writings on this...I'm sorry
25:36 And the true servants of the Most Merciful are those who walk the earth with humility and when the ignorant address them, they respond with words of peace.
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) said: There is no marriage without a wali. [Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.]
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