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Can I designate women to be witnesses for the nikkah rather than men.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

 

Is it permissible to have a second nikkah with the same individual without a divorce in between?

 

I am a convert to Islam and have been in a relationship with a muslim man for a number of years, in which we had sexual relations. Upon entering Islam, we still continued having sex, but once ridden with guilt I married someone else (more practicing). My marriage did not work out. I am currently contemplating marrying my previous partner, however I am in no position to tell my family or his. Can we do nikkah secretly for now to avoid the inevitable haram that will occur when him and I get together, and do a second nikkah once we`re ready to tell the family? The second one will obviously not bear any significance because we would already be married, its just so his family can feel as though they are involved (which they would demand anyway). As for my side they`re all Christians so I have no walees to worry about right?

 

One other Q. can I designate women (close friends of mine) to be witnesses for the nikkah rather than men. I have no relatives or male friends that are muslims to fit this role, and would rather have someone I know rather than a stranger male from the mosque.

 

Jazakallahu khairun

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Can women be witnesses to marraige

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Dear and beloved sister in Islam, first and foremost, you must turn unto your Lord in repentance seeking sincere forgiveness for your manifest transgressions against His Boundaries; if you are indeed sincere in your repentance, you will find your Lord Most Merciful, Forgiving.

 

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:

(O Prophet) say: O My servants who have wronged their own souls.Do not despair of Allahs Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.

 

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:

When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."


 

Your Statement: My marriage did not work out. I am currently contemplating marrying my previous partner,

When you say that your marriage did not work out, we assume that you have obtained a legal divorce from your husband. If your divorce has been established and you have waited the iddah or waiting period after your divorce, you are well within your rights in Islam to contemplate marrying any eligible believer you desire.

 

Your Question: I am in no position to tell my family or his. Can we do nikkah secretly for now to avoid the inevitable haram that will occur when him and I get together, and do a second nikkah once we`re ready to tell the family?

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 5:

5 This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers but chaste women among the People of the Book revealed before your time when ye give them their due dowers and desire chastity not lewdness nor secret intrigues. If anyone rejects faith fruitless is his work and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).

 

Dear and beloved sister, Islam guides in Truth that two people who are eligible and desire to marry each other should fear Allah, and perform their marriage honorably, lawfully and publicly. Every secret or lewd intrigue or relationship between two non-mehram members of the opposite sex would constitute the evil crime of zina (fornication) in the Sight of Shariah Law and of Allah Subhanah.

 

There is absolutely no allowance for having a secret nikaah or marriage in the approved deen or way of life called Al-Islam; if one wishes to marry another, it is an absolute requirement of marriage in Islam that one do so honorably and publicly.

 

To perform the first nikaah secretly, and then the second nikaah with the same person publicly at a later date so that the other believers and society-at-large are made to believe that this is their original nikaah is not only dishonest, but such an intrigue and deception would be to make a mockery of the laws and rites prescribed by Allah Subhanah!

 

Although one may very well get away with such deception and intrigues in the life of this world, rest absolutely assured that those who play such games of deception with the laws and boundaries of Allah Subhanah will never get away with their deception in the Presence of their All-Knowing and Majestic Lord in the Hereafter.

 

Beloved Sister in Islam, it would only be akin to piety and righteousness that you and the brother you wish to marry both fear Allah, abstain from indulging in what has been prescribed as forbidden in Islam, and marry only when both you and your families are ready to consent to the marriage.

 

Your Question: As for my side they`re all Christians so I have no walees to worry about right?

If a daughter of disbelieving parents has reverted to Islam, and if for any reason her disbelieving parents or guardians do not consent to the marriage of their daughter to a believer.then there is indeed allowance in Shariah Law whereby the Shariah Judge can be nominated as the wali of the bride.

 

Your Question: Is it permissible to have a second nikkah with the same individual without a divorce in between?

First and foremost, for one who is already married, there should never arise a need to perform the nikaah again with the same individual without a divorce in between.unless of course one does so to deceive others regarding their first secret nikaah!!! Deception in its essence is absolutely unlawful and unbecoming of the character of one who sincerely believes in Allah and the Last Day; but to deceive others by using a prescribed rite of Islam as sacred as the ceremony of nikaah is to make a mockery of the laws of Allah Subhanah!!!

 

We reiterate again that one may well get away with their this deception in the life of this world; but they will never ever be able to get away with their deception in the Presence of their Majestic and Supreme Lord on that Tumultuous and Inevitable Day of Judgment!

 

Your Question: One other Q. can I designate women (close friends of mine) to be witnesses for the nikkah rather than men. I have no relatives or male friends that are muslims to fit this role, and would rather have someone I know rather than a stranger male from the mosque.

Beloved Sister, the very reason and wisdom behind the obligatory condition of having witnesses to any marriage contract in Islam is so that the sacred union between two individuals is announced and known amongst the society; and so that the rights of the man and the woman in marriage are protectedwhereby neither the man can claim after he has fulfilled his desire with the woman, that he never married the woman, nor can the woman claim she never married the man!

 

For one to be a witness to a believers marriage, there is absolutely no need for the witness to be ones friend or family.any two pious believing brothers amongst the whole muslim Ummah can be chosen to be ones witnesses.so that if there ever is a dispute regarding the conditions or contract of marriage, the two assigned witnesses to the marriage may bear witness to the contract.

 

Unless and until one finds themselves in an inconceivable situation where one cannot even find two believing muslim men from amongst the whole Muslim Ummah to bear witness to their marriage, the Shariah Judge who performs the marriage may be convinced to accept women as witnesses to that marriage contract.

 

But to appoint women witnesses to a marriage contract when believing men are available and willing to become witnesses would neither be appropriate, nor in accordance with the best practice of the law.

 

Dear and beloved Sister, it is the obligatory duty and responsibility of the believers who sincerely fear Allah and the Last Day to unconditionally accept and implement the laws of Allah and His Messenger (saws) wholeheartedly and without reservation in every aspect of their lives..but to strive to intentionally use, manipulate, bend, and stretch the laws of Shariah to deceive others, or to use them as a veil in their acts of deception would be to make a mockery of the Laws of the Lord Most High, and a grave crime against ones own soul.

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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