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Author Topic: Nikah without Parents Knowledge?  (Read 3074 times)

Student of Knowledge

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Nikah without Parents Knowledge?
« on: July 30, 2007, 04:09:56 PM »
In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The rulings stated in our fatawa are based on the Hanafi mazhab, unless otherwise mentioned. Hereunder are the conditions for validity of nikah according to the Hanafii mazhab:

1. Offer and acceptance should take place.
2. It should be witnessed by two sane Muslims who have reached the age of maturity.

Fathul Qadeer Vol:3 Pgs: 102/3 & 110 (Maktabah Rasheediyah)

( النكاح ينعقد بالإيجاب والقبول بلفظين يعبر بهما عن الماضي ) لأن الصيغة وإن كانت للإخبار وضعا فقد جعلت للإنشاء شرعا دفعا للحاجة

قال ( ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف ) اعلم أن الشهادة شرط في باب النكاح لقوله صلى الله عليه وسلم { لا نكاح إلا بشهود }

However, some of the other mazahib do state that nikah will not be valid without the presence of a Wali (guardian), and the nikah be conducted with the words of the wali.

The ruling regarding a secret marriage is as follows:

* If the woman has married such a man who is not ?equal? to her in Shariah, then the contract of nikah is not valid.
* If the women got married to her equal and the other requirements of nikah mentioned above are found, the nikah will be valid.

Rad-ul-Muhtar Vol:3 Pg:56,57 (H.M. Sa?eed company)

و يفتى فى غير الكفاء بعدم جوازه اصلا و هو المختار للفتوى لفساد الزمان (رد المحتار) قال العلامة ابن عابدين (قولنا بعدم جوازه اصلا) هذه رواية الحسن عن ابى حنيفة و هذا اذا كان لها ولى و لم يرض به قبل العقد فلا يفيد الرضا بعده بحرو اما اذا لم يكن لها ولى فهو صحيح نافذ مطلقا كما ياتى.

However, it is not advisable to marry in secret.

Firstly, if the couple happens to cohabit and a child is born, the public would regard the child to be illegitimate and it would be very difficult to convince them that a nikah had taken place.

Secondly, this could be a cause for the displeasure of the parents, if they find out; whereas, Islam emphasises on pleasing the parents.

Overall, Islam does not encourage secret nikahs and Nabi (Sallallahu Alaihi Wasallam) had ordered the Sahaba (R.A) to announce their nikahs.

عن عائشة قالت قال رسول الله صلى الله عليه وسلم أعلنوا هذا النكاح واجعلوه في المساجد واضربوا عليه بالدفوف

Jaami? Attirmizi Vol:1 Pg:207 (H.M. Sa?eed company)

Therefore, the best advice in the situation mentioned will be to convince the parents to at least have only the nikah at the moment, and to have the rukhsati (to live with the husband) and walima later.

And Allah knows best

Wassalam

Ml. M. Jawed Iqbal,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah   


Student of Knowledge

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Re: Nikah without Parents Knowledge?
« Reply #1 on: July 30, 2007, 04:10:22 PM »
Question: Assalamalykum, I need to know if it is permissible in islam to perform nikah secretly. The circumstance is that neither of our parents are going to agree at this point because according to them we are too young to get married (23 and 18 years old). The reason we want to do nikah is to protect ourselves from haram acts. Can we perform nikah (just the two of us) if we can then please explain how it should be performed. I know there have to be witnesses and nikah has to be announced but is there a way around it. If we can't then please explain in detail what we should do to control our nafs (temptations) because it is really hard for us to not see each other.

Answer: In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

There are two aspects to your query

* Parents permission
* Secret Nikah

At the outset, you should understand that marriage is a major step in ones life. If this step is taken in the proper manner, one will enjoy everlasting success and bliss in the future. However, if the step is taken carelessly or in negligence, one will suffer the consequences of this forever. One great contributing factor towards the success of ones marriage is, taking the blessings of the parents and seniors.

It is therefore important that you consult with your parents before embarking on any decision. Their guidance and advice will be based on the vast experience they have of life. They understand your urge and also understand your future and certainly they will not advise you something that would be against your interest. It is important that you explain your parents the urge you have to marry. It is possible they do not see the urgency for you to marry and therefore not willing for you to marry now. You may also inform them about your fear of becoming involved in Zina and the implications that would have upon you in this world as well in the Hereafter.

If then too, your parents do not agree and you still fear becoming a victim of Zina, you may make Nikah with the girl. However, the Nikah must be performed in the presence of two muslim male witnesses.

And Allah knows best

Wassalam

Mufti Mohammad Zakariyyah Desai,

Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah


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Re: Nikah without Parents Knowledge?
« Reply #1 on: July 30, 2007, 04:10:22 PM »

Offline AsIF MuNiR

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At the outset, we wish to point out that the western concept of engagement has no basis in Islam. That is the way of the Kuffaar. Rasulullah [Sallallaahu Alayhi Wasallam] said, ‘Whosoever imitates a nation is from among them.'

At most, an engagement is only a promise to marry. It should not be a celebration of a mini marriage as is the norm. Once a boy and girl is proposed to marry, they are still Ghayr Mahram unto one another. Ghayr Mahrams are those people that are not prohibited unto one another in marriage. It is compulsory to maintain the laws of Hijaab for Ghayr Mahrams. It is, therefore, prohibited for you to communicate with your future to be. The reason of getting to know one another has no basis. If there was any merit in that, then such marriages ought to be always successful and prosperous as the decision to marry has been on sound basis.

It is a normal practise in the western world to court before marriage, yet the divorce rate among them is extremely high. In the US, the divorce rate is 4 out of 5. The Darul Ifta has observed and handled many such marital disputes wherein the couples knew one another before marriage for a long time. The relationship suddenly sours after the marriage. In many cases, the spouses have stated that the attitude before marriage was different and changed only after marriage. Surely that synthetic positive approach was just to achieve one’s motive. It is also important to examine this issue from another angle. Everything has its full strength and limits. In such a premarital relationship, couples exhaust much of their natural resources of love and do not have much left when the actual time comes to express that. After marriage, love is an old boring affair and there is not much hope for building a loving marriage. Alhamdulillah, in Islam, individuals have the full resources of love and express it at the appropriate time, thus building a solid foundation of love. The concept of keeping contact with each other before marriage to know one another is incorrect and un-Islamic. There are many couples that have been dumped and abused by the ‘faithful’ partners.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

 

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