Is nikah void?

[anonymous]

Assalamoalaikum.
I'm a girl 22 yrs of age from Pakistan. I was forced into a marriage which I didn't want to do. I considered it void from the very first day and i signed the papers with the intention of taking divorce. But this is all what I think. I want to know the real status of this nikah that stands before Allah. Is it void or not? Because I read a Hadith about a marriage which a woman didn't want to do and Hazrath Muhammad P.B.U.H declared it void. Also I would like to mention that the nikah is valid in the eyes of the world but do I owe any responsibilities to the person I was tied to? I don't want to displease Allah and I want to follow the teachings of Allah and His nabi. So please help me. Also I want to know that should there be any legal procedure which I'll have to go through before I do nikah with someone else? Please help me.

 

[ardianto]

Wa alaikum salam wa rahmatullahi wa barakatuh.

You were forced to get married which you did not want to do. It's enough as a reason to request divorce. But only those who have authority who can decide to end your marriage with divorce, or decide your marriage is void.

First, your husband. If your husband refuse your request to get divorce, you can go to representative of Muslim government, in this case is sharia court. If sharia court refuse your request because your marriage is not recorded in government data, you can go to ulama and request a fatwa to void your marriage.

Of course, there's regulation before you can get married with someone else (after you got divorced) like idah period. But in this matter, I think it's better if other brother or sister who understand fiqh to gives you an answer.

 

[Endymion]

sister.

Will your family support you when you get divorce from that person?Whats their opinion.Have you ever discussed this matter to any of your family members the way you discuss it over here?
I mean,when they compel you to make this relationship,why then they support you to take divorce?Can you marry someone else without their support sis?

 

[aadil77]

sister.

Will your family support you when you get divorce from that person?Whats their opinion.Have you ever discussed this matter to any of your family members the way you discuss it over here?
I mean,when they compel you to make this relationship,why then they support you to take divorce?Can you marry someone else without their support sis?

Does it matter? Unless you're suggesting she's stays in this forced relationship

 

['Abd-al Latif]

Assalamoalaikum.
I'm a girl 22 yrs of age from Pakistan. I was forced into a marriage which I didn't want to do. I considered it void from the very first day and i signed the papers with the intention of taking divorce. But this is all what I think. I want to know the real status of this nikah that stands before Allah. Is it void or not? Because I read a Hadith about a marriage which a woman didn't want to do and Hazrath Muhammad P.B.U.H declared it void. Also I would like to mention that the nikah is valid in the eyes of the world but do I owe any responsibilities to the person I was tied to? I don't want to displease Allah and I want to follow the teachings of Allah and His nabi. So please help me. Also I want to know that should there be any legal procedure which I'll have to go through before I do nikah with someone else? Please help me.

:wasalamex:

1) Forced marriages in Islam are haram. The evidence from hadeeth is this:

'Aishah reported that a girl came to her and said, "My father married me to his brother’s son in order to raise his social standing, and I did not want this marriage [I was forced into it].” 'Aishah said, “Sit here until the Prophet saws1 comes. The Messenger of Allah saws1 came and she told him about the girl. The Prophet saws1 sent for her father, then he gave the girl the choice of what to do. She said, "O Messenger of Allah, I have accepted what my father did, but I wanted to prove something to other women.” (Reported by al-Nisaa’i, 3217).

This hadeeth basically proves that the woman marrying has to agree to marry a man willingly and that willingness to marry is a condition for the marriage to be valid. Forced marriages are not valid, just like forced divorces are not valid.

2) To marry with the intention of divorce, i.e. temporary marriage, to marry for a specific time period is also an invalid marriage. When one enters into a marriage contract he/she enters permanently unless there is a female instigated separation (khula) or a divorce by the male (talaaq).

3) If, and I said if, the marriage was done properly and correctly and it is Islamically legal and binding, then you must serve the other person according to the way the Islamic Law dictates.

4) I would advise you to settle this in the Islamic courts and not take it in your own hands. Yes, what the Messenger :saws1: has said holds more weight than any other practice or custom that one is expected to follow, but it is a better and a more wiser option to get other's involved before you marry someone properly. If you intend to remarry then you do not want your other marriage (that's if you have someone else in mind) to be affected by the current marriage which everyone thinks to be valid.

 

[Endymion]

No,not to suggest any thing like that but to understand the situation correctly as i belong to the same region.The situation here is a little different from other countries and i dont think the above suggestions are going to help her unless she has strong support of her Parents or any other person.

 

['Abd-al Latif]

No,not to suggest any thing like that but to understand the situation correctly as i belong to the same region.The situation here is a little different from other countries and i dont think the above suggestions are going to help her unless she has strong support of her Parents or any other person.

Not that I mean to sound rude here but if the marriage is Islamically invalid, is she meant to have a family with one whom isn't her husband?

 

[Endymion]

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.

 

[Snowflake]

Of course we must follow the correct Islamic procedures, but I agree with sis Endymion in that understanding the sister's situation would result in better advice being offered according to her situation. We must remember that in a place like Pakistan, people often take the law into their own hands and harm women who are brave enough to stand up for their rights.

 

[Scimitar]

sister.

Will your family support you when you get divorce from that person?Whats their opinion.Have you ever discussed this matter to any of your family members the way you discuss it over here?
I mean,when they compel you to make this relationship,why then they support you to take divorce?Can you marry someone else without their support sis?

This ^ is a very important consideration.

I know a Muslimah with a child who got a divorce in the USA, and after that she lost all support from her parents. She was literally homeless for a while, and with child - stopping over at friends houses to stay the night until she could get herself back on her feet (which took a while).

Bearing in mind that the sister who started this thread is from Pakistan, and knowing Pakistani culture, a divorced woman brings shame on the family and is often disowned too. This is a very big problem in Muslim countries and society expects that women do not scream divorce.

Also consider this: Divorce is the least liked halal thing by Allah. HE despises it but thru HIS mercy, HE has ordained it as halal.

So, these are definitely two stumbling blocks the sister will be faced with.

The sister should also ask herself if her husband is fair to her, treats her well etc? And also ask herself, if the standards of marriage were ok for her parents, when her parents got married - then why are they not good enough for her? Also, ask herself what will become of her husband once the divorce is finalised? Will he be ok? Is it fair to him?

Scimi

 

[ardianto]

We must remember that in a place like Pakistan, people often take the law into their own hands and harm women who are brave enough to stand up for their rights.

Yes, this is the main problem in this case.

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.

 

[TrueStranger]

I just can't understand why the majority of the community scholars/leaders are silent about this matter. The sister is with a man that is not her husband in the sight of Allah.

 

[anonymous]

jazak Allah for your answers. I'll start replying one by one.

 

[anonymous]

Wa alaikum salam wa rahmatullahi wa barakatuh.

You were forced to get married which you did not want to do. It's enough as a reason to request divorce. But only those who have authority who can decide to end your marriage with divorce, or decide your marriage is void.

First, your husband. If your husband refuse your request to get divorce, you can go to representative of Muslim government, in this case is sharia court. If sharia court refuse your request because your marriage is not recorded in government data, you can go to ulama and request a fatwa to void your marriage.

Of course, there's regulation before you can get married with someone else (after you got divorced) like idah period. But in this matter, I think it's better if other brother or sister who understand fiqh to gives you an answer.

Do you mean an ullama can declare the marriage void? I asked the other person, (i dont know whether I should call him my spouse or not) for divorce. He didnt agree to it. As in my case the data isn't recorded in government record. There will be no idah period as I'm residing with my parents. The rukhsati didnt take place.

 

[anonymous]

sister.

Will your family support you when you get divorce from that person?Whats their opinion.Have you ever discussed this matter to any of your family members the way you discuss it over here?
I mean,when they compel you to make this relationship,why then they support you to take divorce?Can you marry someone else without their support sis?

Wa alaikum assalam warehmatullah. No they won't support me because ofcourse they won't want me to take divorce. But this all thing is very messed up. I can't marry without their support and I don't want to leave them. But what if they force me for moving with him to his home? I don't know what I'll do at that time. I have said my family members at times that I don't want to marry him and that this nikah is void but they consider my viewpoint nothing. I don't know what to do.*

 

[anonymous]

:wasalamex:

1) Forced marriages in Islam are haram. The evidence from hadeeth is this:

'Aishah reported that a girl came to her and said, "My father married me to his brother’s son in order to raise his social standing, and I did not want this marriage [I was forced into it].” 'Aishah said, “Sit here until the Prophet saws1 comes. The Messenger of Allah saws1 came and she told him about the girl. The Prophet saws1 sent for her father, then he gave the girl the choice of what to do. She said, "O Messenger of Allah, I have accepted what my father did, but I wanted to prove something to other women.” (Reported by al-Nisaa’i, 3217).

This hadeeth basically proves that the woman marrying has to agree to marry a man willingly and that willingness to marry is a condition for the marriage to be valid. Forced marriages are not valid, just like forced divorces are not valid.

2) To marry with the intention of divorce, i.e. temporary marriage, to marry for a specific time period is also an invalid marriage. When one enters into a marriage contract he/she enters permanently unless there is a female instigated separation (khula) or a divorce by the male (talaaq).

3) If, and I said if, the marriage was done properly and correctly and it is Islamically legal and binding, then you must serve the other person according to the way the Islamic Law dictates.

4) I would advise you to settle this in the Islamic courts and not take it in your own hands. Yes, what the Messenger :saws1: has said holds more weight than any other practice or custom that one is expected to follow, but it is a better and a more wiser option to get other's involved before you marry someone properly. If you intend to remarry then you do not want your other marriage (that's if you have someone else in mind) to be affected by the current marriage which everyone thinks to be valid.

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?

 

[Snowflake]

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 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.

 

[anonymous]

Not that I mean to sound rude here but if the marriage is Islamically invalid, is she meant to have a family with one whom isn't her husband?

This is what I'm most concerned about. Is is okay to talk to him according to Islamic laws? Its like we used to talk a little but now we don't. I talked to him because if I wouldn't talk to him in a good way my parents got angry at me and I didn't want their anger to build up on me. My parents are very nice and kind but they just did this thing by coercing me. We don't talk because I did something without his will involved and that THING wasnt a bad thing at all. But he got furious used bad wording for me, shouted at me alot and ordered me to not to communicate with him. I didn't and he didn't aswell.

 

[Snowflake]

: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.

 

[anonymous]

Also consider this: Divorce is the least liked halal thing by Allah. HE despises it but thru HIS mercy, HE has ordained it as halal.

So, these are definitely two stumbling blocks the sister will be faced with.

The sister should also ask herself if her husband is fair to her, treats her well etc? And also ask herself, if the standards of marriage were ok for her parents, when her parents got married - then why are they not good enough for her? Also, ask herself what will become of her husband once the divorce is finalised? Will he be ok? Is it fair to him?

Both families don't talk because of some misunderstandings that took place. My mother says sometimes that I wont marry you but at other times she says she will. So its all very confusing. And that person whom I was married to I can't stand with him because he did things to lower my reputation infront of my family. I can't trust him even a tiny bit. I trusted him by telling him that I was forced into this marriage and he told everything to his parents and made my position so down.