Category Archives: Marriage

Can a woman’s cousin be her Wakil?

Salaams,

Can ones mother brother’s son be a girl’s wakil for her wedding?

Wa Alaikum Assalaam,

Although it is permissible for him (one’s mother brother’s son – cousin) to be a Wakil (agent on behalf of the girl) for her wedding, it is best that the girl’s Wali (guardian) or any other blood relative who is a Mahram fulfil this requirement. The reason for this is that the legal guardian is the person who should contract a girl’s marriage on her behalf with her consent and as a Mahram, he can enter the private chamber of the girl (as is the custom/tradition of Muslim marriages in the west).

The cousin is not a Mahram of the girl and so, he cannot enter her private chamber; only a blood relative can do so. As such, the girl’s wali (guardian) who can be the father, paternal grandfather, paternal uncle etc. can do the job of the wakil.

And Allah Knows Best.

Mufti Waseem Khan.

26/5/17.

Can Nikah occur using these words?

I want to know that if boy and girl accept each other by saying main tumhin Allah aor Allah k rasool ko hazir nazir jaan k qabul krta hun n in reply of this girl aslo said main b Allah ko hazir nazir jaan k qanul krti hun is thoes words have any legal standing in islam. If yes after that girl can nikah to other man?

As salaam Alaikum,

These words do not have any legal standing in Islam and from these, Nikah cannot occur. The marriage can only take place when Ijab (consent) and Qubul (acceptance) are done in front of two Muslim male witnesses or one Male and two Females, all of whom must be adults who are sane.

When a boy says to a girl ‘mein tumhin aur Allah ke rasool ko hazir nazir jaan ke Qubul karta hun’ (while knowing and believing that Allah and His Messenger are present and looking, I accept you as my wife) and the girl replies ‘main b Allah ko hazir nazir jaan k qubul karti hin’ (I also, accept you, knowing and believing that Allah is present and looking), then the Nikah does not occur. It is not valid at all and saying such words to contract a Nikah is totally unlawful since it is opposing the Sacred laws of the Shariah. Using such statements to do a Nikah is totally against the teachings of the Holy Quran and the Sunnah of the Prophet (SAW), and it is totally impermissible for Muslims to do such.

And Allah knows best,

Mufti Waseem Khan

18/05/2017

How is Nikah performed and can one conceal a second marriage?

Assalamu Alaikum,

My question is as follows: A 44 old Muslim divorced lady wants to marry a Muslim married man. They want to conduct Nikkah. They want to keep this Nikkah concealed. How is the easiest way as per Shariah, can this Nikkah can take place and do they have to have witnesses?

Maher is already set and agreed.

Wa Alaikum Assalaam,

If the Muslim divorced lady wants to marry a Muslim married man, and the man agrees to take her as a second wife, then this is allowed on the condition that he is able to fulfill all the conditions outlined in the sacred Shariah for having more than one wife.

The man however, must exercise prudence in this matter and consider whether this act of his may bring difficulties and disharmony in his first marriage. Besides the Mahr, it is compulsory to have two Muslim male witnesses or one male and two female witnesses who must be present to witness the Ijab and Qubool (offer and acceptance).

With respect to keeping the Nikah concealed, this is not one which is encouraged in the sacred Shariah. In fact, the Messenger of Allah (S.A.S) himself said, ‘Announce the marriage.’ (Musnad Imam Ahmad) This gives a clear message that a Muslim must not conceal his marriage or keep it a secret, instead, he should announce it to others and let it be known that he is married.

The easiest way for the Nikah to be done is that there must be two Muslim Male witnesses or one male and two female witnesses. The offer must come from one party of the marriage and the acceptance must come from the other. The Mahr should be fixed and specified by the man.

Once these are present, then the Nikah will be valid in accordance to the Shariah.

And Allah Knows Best.

Mufti Waseem Khan.

13/2/17.

When should the Walimah be done?

ASSALAAMU ALAIKUM,

When after the Nikah could the Walima be done?

JazakAllah khair.

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

It is evident from the Sunnah of the Prophet (SAS) that the Walimah should be done after  the husband consummates the marriage with his wife.

In a tradition recorded by Imam Bukhari, it is stated that when the Prophet (SAS) got married to Zainab Bint Jahash (R.A), he invited the people for a Walimah after he had spent the night with her. Based on this, the Jurists and Scholars of Islam have stated that the Walimah is done after the husband consummates the marriage with his wife (or after the couple have spent the night together). (Ila’us Sunan, Vol. 11, Pgs. 10-11, Idara Al Quran, Karachi 1415 A.H; Fatawa Mahmoodiya, Vol. 12, Pg. 141, Idara AL Farook, Karachi 2009).

From the above eplaination, it is understood that Walimah is not necessarily done after the contract of Nikaah. Instead, it is done after the both parties have consummated the marriage (or have started to live together).

As such, in a case where Nikaah has occurred but both parties have not started to live with each other as yet, a Walimah may not take place. This does not mean that the family cannot share food/feed people or invite them for a meal. This can be done, however, since both parties have not yet consummated the marriage (or begin to live together), the invitation to dine and have a meal will not be referred to as a ‘Walimah’.

And Allah Knows Best.

Mufti Waseem Khan,

16/11/16.

Can I get married to this woman?

Assalamu Alaikum,

I recently watched a lecture and part of it related a hadith, not word for word but basically ali asked the prophet peace be upon him to consider marrying  the daughter of Hamza and he (saw) said that she is not permissible for him to marry because he (saw) and Hamza were foster brothers. I am just wondering if my brother married a woman who has a daughter she will not be permissible for me to marry? If I have understood this wrong can you please clarify.

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

Hamza (R.A) was the foster brother of the Prophet (S.A.S) and so, his daughter was a foster niece to the Prophet (S.A.S). In Islam, ‘fosterage’ brings about the same prohibition as one’s blood relatives, since both are treated in the same manner. About this, the Prophet (S.A.S) said, ‘Fosterage makes haram (unlawful) what blood relations make unlawful.’ (Bukhari)

From this, it is known that the relationships that are unlawful through blood and lineage will also be unlawful through fosterage. In the case of Hamza’s daughter, she was the foster niece of the Prophet (S.A.S). This means that she had the same status of being a real blood related niece, and so, it was not permissible for the Prophet (S.A.S) to marry her.

In the case which you have asked about, it will be permissible for you to marry the daughter of the woman with whom your brother married (that is, the woman had a daughter from a previous marriage before marrying your brother).

This girl is not the daughter of your brother, and so, she is not blood related to you or your brother. She is the daughter of the woman with whom your brother married, and there is also no blood or foster relations between you and this woman. Hence, it will be permissible for you to marry this girl.

And Allah Knows Best.

Mufti Waseem Khan.

26/10/16.

Should I get married?

Assalaamu Aliakum,
I hope you are well. I have a question to ask about marriage and if it forbidden in my case. Some background about myself:

1)  Due to my parents being raised as orphans/poor, my sister and I had a bad childhood. Also in part because of “religious” people around me, I had been misinformed about Islam being a harsh religion.  While I have gotten past the emotional trauma, I am still anti-social and can not enjoy other outside pleasures such as hanging out with friends, socializing, etc.

2)  I work with multiple other daees around the world and, having seen the poor state of dawah knowledge (not the Islamic sciences) among even Islamic scholars, I may have to travel to various countries for the purpose of improving this for future Muslims. Thus, my future will involve constant travel.

3) Having worked with refugees and homeless people, much of my time is spent on this and is another reason why I choose to live simply and often avoid socializing.

Given the fact that I have such anti-social and “harsh” views of the world, it is a very strong possibility that I can be unjust to any future family I have. Thus, would I have to avoid marriage?  (Keep in mind that getting therapy will be problematic and may not be possible. I should also point out that I do NOT suffer from any anger management issues. I just lack emotional stability.

Wa Alaikumus Salaam,

Based on what you have mentioned, If you believe that there is a strong possibility that you can be unjust to your future family if you become married, then it is better to avoid marriage at this time.

And Allah knows best

Mufti Waseem Khan

7/10/2016

Is the Nikaah Valid?

Assalaamu Alaikum,
If the bride and groom had their nikkah done separately as in the groom was not in the same house or room as bride  is this nikkah valid

The bride and groom were in separate places at different times
So the bride was asked for her acceptance first and she accepted and everyone left the venue and then maybe an hour or two or three later the groom was asked for his acceptance
Is this nikkah valid ?

I also have another doubt regarding my nikkah but I would like the get an answer for this question first and then I will share my other problem as that is a bit complicated.

Wa Alaikumus Salaam,

It is a condition for the validity of Nikah that the two witnesses hear the ijab (proposal) and Qubool (acceptance) at the same time and the same place, which means that the proposal and acceptance must occur in the same place.

In Nikah, a wakeel or wali can act on behalf of the boy and on behalf of the girl also, when they have been appointed to do so.

In the case where you were asked for your acceptance, and after giving the acceptance, your wali (guardian) or wakeel (representative) went (after some time) to the groom in front of two witnesses and conveyed your acceptance to the marriage upon which the boy accepted, then this is valid since both the proposal and acceptance were done in the same sitting and the witnesses heard both statements at one time.

In this situation, your wali/wakeel (whom you have appointed) has officially represented you and your ijab (proposal), hence this is what is required to be uttered in the sitting where the two witnesses are present and where the Qubool (acceptance) of the boy takes place.

If however, you had no wali or wakeel to represent you and only your direct ijab (proposal-statement which came from you) was relied upon, then this Nikah will not be valid. The reason for this is that in this case, the proposal and acceptance were not done in one majlis (sitting), which is a requirement for the validity of Nikah, and the two witnesses did not hear the statements at one time in one sitting which is also a requirement for the validity of the Nikah.

And Allah Knows Best.

Mufti Waseem Khan

7/10/2016.

Marriage to second wife and divorce

Question

Assalaamu Alaikum

I have a question concerning marriage and mainly that of being a second wife.

So a woman gave her husband permission to marry again and have a second wife. Now after 5 years of marriage to the second wife, the woman (first wife) forced the husband to divorce the second wife although there were not any grounds for divorce. In an effort to remarry the man, the second wife marries another man for a couple of hours and divorced the man without having any sexual relations with the man. So the man whose wife gave permission to marry again remarried the second wife.

Is this permissible in Islam and is this marriage between the second wife and the man valid?

Answer:

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

The marriage between the second wife and the man is not valid for two main reasons:

  1. From what you have written, I presume that the second wife was divorced with three divorces. this is why she was requested to marry a man and then be divorced, after which she will re-marry the first husband. This being the case, it was essential for her to have sexual relations with the husband in the second marriage in order for her to be halal (lawful) for the first husband. This did not occur. Hence, her returning to the first husband through marriage is not valid.
  1. You have mentioned that ‘she divorced the man’. In Islam, a woman cannot give a divorce to a man. If a woman is having a difficult marriage with her husband and the husband does not want to divorce her, then the wife can go through the process of Khul’a or Faskh of the Nikkah in order to end the marriage. The Shariah has given these avenues for a wife to come out of a marriage when she has valid reasons to do so, but has not allowed a wife to divorce the husband.

In what you have written, it is mentioned that ‘the woman divorced the man.’ This is totally wrong, and a divorce did not occur through this. What was required was that the man gives the divorce. When this happens, then the woman is required to go through her iddah of three monthly courses (menses). After this, she will be allowed to remarry the first husband.

Since this did not occur, her marriage with the first husband is invalid. There is no marriage between them. Both are required to separate from each other and follow the guidelines of the Shariah in this matter so that their marriage with each other can be halal and they will be saved from living in sin.

And Allah Knows Best.

Mufti Waseem Khan.

7/10/16.

Assalaamu Alaikum,

In light of your response to my question, several additional questions have arisen in which I need to ask:

1) I know Islam is big on intentions so with the scenario presented, was it haram to intend to marry someone just to divorce them in order to remarry someone else?

2) Why is it so important to have sexual relations with a man after marriage; referring to the second marriage before the woman returned to the first marriage? In general, is it a sin not to want to have relations with a man you just married since you don’t know him as yet and is not comfortable being around him. This is the case of many arranged marriages. Please explain.

3) If the man gave the divorce in the marriage would that have made the marriage valid?

4) You mentioned a process of Khul’a or Faskh of the Nikkah in order to end a marriage. Can you please explain what this is and how it is done?

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

  1. Yes it is haram to intend to marry someone just to divorce that person in order to remarry someone else.

This sort of intention comes about when a woman has been divorced from her husband with 3 divorces, and in order to remarry her, the husband gets her to marry another man so that the second husband can divorce the woman to become halal for the first husband. This, in the term of the Quran is called ‘Tahleel’ and is commonly referred to as ‘Halalah’ which means to make someone halal (lawful).

This practice of conveniently marrying a person with the sole intention of the woman becoming divorced to remarry the first husband is a grave sin, and those who are involved in setting up such marriages are sinful in Allah’s sight.

It is about such people, the Prophet (S.A.S) said, ‘The curse of Allah be upon the man who does Halalah (i.e the man who marries a woman solely to divorce her so that she remarries the first husband), and the curse of Allah be upon the one for whom ‘halalah’ is done (i.e. the first husband with whom the woman is going to remarry after being divorced by the second husband). (Tirmidhi).

From this tradition, it shows that all those who are involved in such pre-arranged schemes are all cursed by Allah. It is for this reason some Scholars have stated that such an arrangement is an unlawful one and such a marriage shall be no marriage at all but adultery.

  1. It is very important that the second marriage be consummated so that after being divorced the woman can return to the first husband. If it is not consummated, then she will not be lawful for the first husband and if they become married, the marriage will be null and void.

Consummating the marriage by having sexual relations with the second husband is clearly evident and established from the hadith of the Prophet (S.A.S). In this regard, it is narrated that the wife of a certain companion was divorced with three divorces and the marriage had ended. After some time, she got married to another person. After being married, she was not pleased and happy in this marriage, and wanted to be divorced from this person and remarry her former husband. She then came to the Prophet (S.A.S) and expressed her intention. Upon this, the Prophet (S.A.S) said to her that it was not possible for her to return and remarry her first husband, unless and until she has sexual relations with the second husband. (Sahih Bukhari, Bk. 73, Hadith 107).

In another tradition, Aisha (R.A) narrated, ‘A man divorced his wife thrice, then she married another man who also divorced her. The Prophet (S.A.S) was asked if she could legally marry the first husband (or not). The Prophet (S.A.S) replied, ‘No, she cannot marry the first husband unless the second husband consummated his marriage with her, just as the first husband had done.’ (Sahih Bukhari, Bk. 63, Hadith 187).

These traditions make it abundantly clear that when a man marries a divorced woman (who was divorced with three divorces), and wishes to divorce her to enable her to marry the first husband, then the second marriage must be consummated before the man can divorce her.

With respect to what you have mentioned that when a woman marries a man she may not want to have sexual relations with him immediately and may wait a little. This is understandable, and in cases like these, the husband will also understand how his wife feels, and when they are comfortable with each other, they will have sexual relations. This however, is not the case in question. The issue under discussion is where a woman who was divorced with three divorces entered a second marriage with the sole intention of getting a divorce only to return to the first husband.

The woman in this case had absolutely no intention of marrying the man or consummating the marriage. It was only a pre-arranged scheme that was planned in order that she returns to the first husband. Such schemes are totally haram and sinful.

  1. In the second marriage, if the man had given a divorce after having sexual relations with the woman, and he did not revoke the divorce, but allowed it to take effect, then if the woman had remarried the first husband after she had fully completed her iddah (waiting period of the divorce of the second marriage), then this marriage will be valid even though the entire planned arrangement was sinful.
  2. Khul’a is the name of an arrangement which is initiated by the wife to be released from a marriage (for valid reasons) when the husband does not want to divorce her. The manner of this is that the wife proposes to the husband that she will return the Mahr (dowry) or part of it to him in exchange for a divorce/separation. When the husband agrees to this, then an irreversible divorce will take place and the woman will go through her Iddah like the Iddah of divorce.

Faskh means ‘to annul’ and it refers to annulment of the marriage’. When Faskh occurs, the marriage comes to an end.

Faskh comes about where there are problems in the marriage which make it difficult for the spouses to continue to live in goodness. In such cases where the wife feels that she has valid grounds for a divorce and her husband does not want to release her from the marriage, she can take her case to a Qadhi (Islamic Judge) and seek a ‘separation’ or an annulment of the marriage. The Qadhi, after investigating the case and listening to both parties, will then make a judgement of Faskh when he sees that the wife has valid reasons for a separation.

And Allah Knows Best.

Mufti Waseem Khan.

13/10/2016.

Is Nikah through Skype valid?

AssalamuAlaikum

  1. Two mature adults had Nikah through Skype.
  2. After Skype Nikah, the couple lived together for almost two years. During that time Talaq was given  twice out of anger and the husband continued to argue on different occasions making statements to the wife to go back home to her family.
  3. While the couple was living together things were different from what was portrayed by the husband. He was drinking alcohol and smoking (weed), with promises to change. However, he continued to drink and was verbally abusive.
  4. The wife left the husband’s home approximately one month and she continues to keep in contact through text message with the husband. He tells her they are still married and the divorce was not final.

    Was their Nikah valid? Is their divorce valid? What is the best advice in this situation?

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

Nikah through Skype is not valid. If it was done, then it remains invalid, which means that the two mature adults were not married to each other. Therefore, living together as husband and wife was in reality, a sinful relation.

At present, both parties are not married. They are strangers to each other.

The issue of the divorce being valid does not arise, since the marriage itself was invalid, and did not exist.

Both parties must separate from each other since their relationship was an unlawful one.

And Allah Knows Best.

Mufti Waseem Khan.

5/10/16.