Is nikah void?

[anonymous]

Honestly, my advice is based on situation and sharia system in Indonesia, where forced marriage is considered as oppression, and the male scholars are known as "the true brothers of Muslim females" who always support the wives to get their rights.

The whole situation is very different in Pakistan. :s

 

[anonymous]

The nikah is the marriage contract sister. That is all one needs to get married. The function is the celebration which doesn't make a marriage void if it doesn't take place. But in the case of a forced nikah (marriage) the marriage contract is void and can be nullified by an islamic judge. And if the marriage was not consumed, then there is no idah.

Islam gives you permission to remarry, and if your father/mahram refuses to act as wali, you are permitted to appoint a wali. This also has some rules. But you must take one thing at a time sis, and just deal with the problem at hand for now. I know it's a tough situation to be in when your family won't support you, but be patient sis and make lots of dua, especially after tahajjud. This is serious form of oppression. Allah's help will be with you. Don't do anything out of emotion and desperation and insha Allah everything will work out in your favour. I will remember you in my duas.

Where can I find Islamic judge? Will I have to go to the court? How long will it take? Yes I will take one thing at a time. I don't want to be messed up by doing all things at once. Can you guide me a little about appointing wali? Jazak Allah Khair. Please remember me in your duas sister.

 

[anonymous]

:sl sis,

Have you spoke to your parents about this? I know you said they won't support you as they wouldn't want you to get divorced. But would they support you if they knew forced marriages are haram? Do you think you can approach your parents with the evidence below? If not, do you know an islamically knowledgeable person who can speak to your parents about the seriousness of the matter? Or do you have a practicing relative who can present these hadith to your family and make them see what a grave sin they are committing?





It is not permissible for the guardian, whether he is the father or anyone else, to marry off anyone under his care without her consent, because the Prophet (peace and blessings of Allaah be upon him) said: “A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.” Narrated by Muslim, 1421.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman should be married off without being consulted, and no virgin should be married off without asking her permission.” They said: “O Messenger of Allaah, what is her permission?” He said: “If she remains silent.” Narrated by al-Bukhaari, 4843; Muslim, 1419.


Similarly, it is not permissible for a guardian to be stubborn about the marriage of a female under his care, or to prevent her from marrying someone she wants to marry if he is compatible with her. The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry (your female relative under your care) to him, for if you do not do that there will be fitnah (tribulation) in the land and much corruption.” Narrated by al-Tirmidhi, 1084; classed as hasan by al-Albaani. See also question no. 32580.

I have shown all the hadiths regarding force marriage to my family and close relatives but it was of no use. They said the nikah has already been done. And Alas! There is no elderly person in my family who could guide me...

 

['Abd-al Latif]

Did i said anything like that?Didn't i said i just wanted to know the situation correctly so that she can have a better advice she may apply to her situation living in Pakistan as i know the situation here a little better than you people.

As I said I wasn't intending to be rude.

 

['Abd-al Latif]

JazakAllah for your detailed reply brother. The nikah (not the marriage) was done properly, I mean there was a proper function and everything happened except for my will. Then is it still valid? I know I will have to go through legal procedures before I can remarry that's why I created this thread to get opinion and advise from different people and it will be of great help to me. The Prophet Muhammad P.B.U.H showed us the path but we'll have to adopt it through legal way in today's world. Correct?

The mehendi, the walima, the nikah and all other celebrations can be perfect but if one agreed to marry only because of force then the marriage contract is invalid.

 

['Abd-al Latif]

I don't know if this is going to help but here is a video by Zakir Naik. It's in urdu and it kind of answers the question you are looking for.

 

[Endymion]

As I said I wasn't intending to be rude.

Abd al Latif.

Im sorry i made you said that twice.It doesn't sound rude to me at all as i told you the situation in Pakistan and in other countries is entirely different and you cant understand it unless you live here so,your question was obvious

 

[Salahudeen]

Well the thing is, I'm assuming the sister is dependent upon her family 100% to take care of her and help meet her needs, if she does divorce and refuse to do as they say, they could punish her through other means such as denying her food or other emotional torture or locking her up in a room, so it's hard situation to be in, the only thing I can think off is, does there exist any support organisation in Pakistan for women in this situation who can step in and look after the woman if her family throws her out on the street?

 

[Snowflake]

Where can I find Islamic judge? Will I have to go to the court? How long will it take? Yes I will take one thing at a time. I don't want to be messed up by doing all things at once. Can you guide me a little about appointing wali? Jazak Allah Khair. Please remember me in your duas sister.

I will have to find out all this for you sis. I'm in the UK, so it's a case of contacting people in Pakistan. Have you asked your husband for a divorce? Did you know you can offer him payment in return for divorce? This payment could be the mahr, or something else? It's worth a try sis. I know in the Pakistani culture the mahr is paid upon divorce. Some men refuse to divorce women to avoid the payment. If the mahr is a large amount and you weren't given it at the time of the nikah, you could offer to forego the mahr in return for divorce. You will be spared a lot of time and hardship if he divorces you without you going to court.

Be patient regarding appointing a wali sis. Insha Allah sort the divorce out first. Also do not consider other proposals (if any) until you are divorced.

I have shown all the hadiths regarding force marriage to my family and close relatives but it was of no use. They said the nikah has already been done. And Alas! There is no elderly person in my family who could guide me...

Subhan Allah. May Allah help you and grant hidayah to the muslimeen. Ameen. Insha Allah we'll try our best to guide you by the Laws of Allah sis.

 

[tigerkhan]

which part of pakistan r u from?
i know the sensitivity of matter, so i request all members to be very careful while saying any words of advice.
sister honestly i told u, u had made mistake by signing the nikahnama if u were not willing that time. most probabaly its bcz u love (maybe fear too) ur parent and just to safe urself from their agression, u did this mistake (its just as i understand the matter).
the best u can do is to use "delay" tactics. i mean u must delay rukhsatai. take time to think well of matter. discuss with ur parents and if u have some geniune reason to not marry that person, try to convience them
have ur rukhsati decided?

 

[Snowflake]

and if u have some geniune reason to not marry that person, try to convience them

Rukhsati isn't marriage brother, the nikah is. And that's already done.

 

[aadil77]

I don't know about the deobandi or brewli thing. Its an oppression that continues in 21st century and no one is doing anything to stop it.

look sis in pakistan only deobandi scholars will support your cause - they have the correct understanding of islam, the cultural brelwi mullahs will only tell you to obey your parents

as far as I know the biggest mufti's in pakistan are deobandi, take your matters to them and they will solve them using islamic law

i'll try and see if I can get you some contact details

 

[tigerkhan]

Rukhsati isn't marriage brother, the nikah is. And that's already done.

but after ruksati if she got divorce that will be diffrent from if without rukhsati. i think in the latter case her husband is also not obliged to pay mahar.
oh now i got, actually in pakistani culture shadi mean rukhsati, although in islam nikah mean shadi.

 

[Endymion]

look sis in pakistan only deobandi scholars will support your cause - they have the correct understanding of islam, the cultural brelwi mullahs will only tell you to obey your parents

Aadil.

You cant say they will "support" her cause.They will just guide her and she has to fight her war herself.May be they call to her Parents and try to convince them but what if her parents belongs to some other sect?

as far as I know the biggest mufti's in pakistan are deobandi, take your matters to them and they will solve them using islamic law

i'll try and see if I can get you some contact details

Yup,the grand Mufti of Pakistan belongs to "Deoband".He is Respectable Mufti Muhammad Rafi Usmani son of respectable Mufti Muhammad Shafi Usmani.They runs a Madarsa is Karachi named "Darul Uloom Karachi".You can contact here and have the advice of respected Mufti's.For contact information,see this page.

http://www.darululoomkarachi.edu.pk/ucms/index.php?option=com_content&view=article&id=56&Itemid=28

 

[Endymion]

sister.

Its good to know that situation isn't that worse Alhamdulillah.You are in your parents house and there are several things you can do to help your self.

If contacting with a islamic judge is doable for you,then go for it but i think it will be very difficult for you and also,it will be like a war against your family and you'll have to stand alone.

It will be better for you to find your support in your house.As you said your mother sometimes agree upon not marrying you to that guy,then take start from your mother.Mothers can understand our point easy.Tell her in a very polite and humble way why you dont want to marry that person.keep giving her reasons and i hope she will stand with you Inshallah.Find support from your siblings.Try the one who is more close to you and open minded as well.If they start supporting you,im sure they will convince your Father Inshallah.

I advice you to try all these options before contacting an Aalim and even if you contact an Aalim,dont let your family members know about it.

And the most important thing is to trust Allah SWT.No matter if there is none standing besides you,nothing can harm you if Allah SWT wants to benifit you.Keep your connection strong and ask Him Almighty for His help.Keep on asking him to turn people's heart in your favour.Inshallah something good will happen.
Recite Duaa-e-Hajaat daily almost 2-3 times.
Recite this doaa daily and it will help you in a really amazing way Inshallah.

Allahumma inni 'abduka, ibnu 'abdika, ibnu amatika, naasiyati biyadika, maadhin fiyya hukumuka, 'adhlun fiyya qadha'uka asaluka bi kulli ismin huwa laka, sammaita bihi nafsaka, aw an-zaltahu fi kitabika, aw 'allamtahu ahadan min khalqika, awista'tharta bihi fi 'ilmil-ghaibi 'indaka, an taj'alal-Qur'ana Rabbi'a qalbi, wa nura sadri, wa jalaa'a huzni, wa dhahaba hammi wa Ghammi.

Oh Allah, I am Your servant, the son of Your servant, the son of your maid-servant, and entirely at Your service. You hold me by my forelock. Your Decree is what controls me, and Your Commands to me are just. I beseech You by every one of Your Names, those which You use to refer to Yourself, or have revealed in Your Book, or have taught to any one of Your creation, or have chosen to keep hidden with You in the Unseen, to make the Qur'an Al-Karim the springtime of my heart, the light of my eyes, the departure of my grief, and the vanishing of my affliction and my sorrow.
[Ahmad 1:391]

The Messanger of Allah (peace and blessing be upon him) said: "There is nobody who is afflicted with distress or grief and who says (the doaa above) Allah will take away his distress and grief, and replace it with ease." He was asked,: O Messanger of Allah, should we not learn it?" He said, "Of course, whoever hears it should learn it."

I ask Allah SWT to turn everything in your favor,help you,guide you and bless you with hapiness, peace and satisfation of heart and mind.Ameen.

 

[anonymous]

I don't know if this is going to help but here is a video by Zakir Naik. It's in urdu and it kind of answers the question you are looking for.

Thanks It helped but I'm looking for what can I do to end this forceful relation I'm in.

 

[anonymous]

I can't thank all of you enough for your concern. I sorted out three things here. First that I contact ullama to declare nikah void. Second to go to Islamic court. Thirdly to ask the spouse for divorce. I think the first one can help me the best cos it will take less time. I don't know the exact procedure but it will remain between me and the ullama right? I mean it will not be as open as it will b in court cos I don't want to stand against my family. And I've tried alot that my spouse gives me divorce. I triedto convince him in many ways but he didn't. It's not about the mahr. I said him already I don't want mahr but it was of no use. I keep trying to convinnce my family time to time but uptil now it's been of no or little use. So I just have left everything on Allah Almighty but as they say Allah helps those who help themselves. So I want to help myself so that Allah can help me too. JazakAllah khair.

 

[Endymion]

May He SWT protect you and help you with the sources He helped his Prophets and his noble people.Ameen.

 

[anonymous]

sister.

Its good to know that situation isn't that worse Alhamdulillah.You are in your parents house and there are several things you can do to help your self.

If contacting with a islamic judge is doable for you,then go for it but i think it will be very difficult for you and also,it will be like a war against your family and you'll have to stand alone.

It will be better for you to find your support in your house.As you said your mother sometimes agree upon not marrying you to that guy,then take start from your mother.Mothers can understand our point easy.Tell her in a very polite and humble way why you dont want to marry that person.keep giving her reasons and i hope she will stand with you Inshallah.Find support from your siblings.Try the one who is more close to you and open minded as well.If they start supporting you,im sure they will convince your Father Inshallah.

I advice you to try all these options before contacting an Aalim and even if you contact an Aalim,dont let your family members know about it.

And the most important thing is to trust Allah SWT.No matter if there is none standing besides you,nothing can harm you if Allah SWT wants to benifit you.Keep your connection strong and ask Him Almighty for His help.Keep on asking him to turn people's heart in your favour.Inshallah something good will happen.
Recite Duaa-e-Hajaat daily almost 2-3 times.
Recite this doaa daily and it will help you in a really amazing way Inshallah.

Allahumma inni 'abduka, ibnu 'abdika, ibnu amatika, naasiyati biyadika, maadhin fiyya hukumuka, 'adhlun fiyya qadha'uka asaluka bi kulli ismin huwa laka, sammaita bihi nafsaka, aw an-zaltahu fi kitabika, aw 'allamtahu ahadan min khalqika, awista'tharta bihi fi 'ilmil-ghaibi 'indaka, an taj'alal-Qur'ana Rabbi'a qalbi, wa nura sadri, wa jalaa'a huzni, wa dhahaba hammi wa Ghammi.

Oh Allah, I am Your servant, the son of Your servant, the son of your maid-servant, and entirely at Your service. You hold me by my forelock. Your Decree is what controls me, and Your Commands to me are just. I beseech You by every one of Your Names, those which You use to refer to Yourself, or have revealed in Your Book, or have taught to any one of Your creation, or have chosen to keep hidden with You in the Unseen, to make the Qur'an Al-Karim the springtime of my heart, the light of my eyes, the departure of my grief, and the vanishing of my affliction and my sorrow.
[Ahmad 1:391]

The Messanger of Allah (peace and blessing be upon him) said: "There is nobody who is afflicted with distress or grief and who says (the doaa above) Allah will take away his distress and grief, and replace it with ease." He was asked,: O Messanger of Allah, should we not learn it?" He said, "Of course, whoever hears it should learn it."

I ask Allah SWT to turn everything in your favor,help you,guide you and bless you with hapiness, peace and satisfation of heart and mind.Ameen.

JazakAllah sister for your great help. I'll in sha Allah recite this beautiful dua daily. Amen remember me in your prayers.

 

['Abd-al Latif]

I can't thank all of you enough for your concern. I sorted out three things here. First that I contact ullama to declare nikah void. Second to go to Islamic court. Thirdly to ask the spouse for divorce. I think the first one can help me the best cos it will take less time. I don't know the exact procedure but it will remain between me and the ullama right? I mean it will not be as open as it will b in court cos I don't want to stand against my family. And I've tried alot that my spouse gives me divorce. I triedto convince him in many ways but he didn't. It's not about the mahr. I said him already I don't want mahr but it was of no use. I keep trying to convinnce my family time to time but uptil now it's been of no or little use. So I just have left everything on Allah Almighty but as they say Allah helps those who help themselves. So I want to help myself so that Allah can help me too. JazakAllah khair.

Speak to them that you want this to remain between you and them. Just tell them what you're telling us and inshaa'Allah they will understand.