If a boy n girl in front of two muslim witnesses accept each other as husband n wife without any Qazi or court. Is this kind of nikah valid in the sight of islam or what is the status of this relationship?
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:
If a
boy n girl in front of two muslim witnesses accept each other as husband n wife
without any Qazi or court. Is this kind of nikah valid in the sight of islam or
what is the status of this relationship?
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errors in the above statement. The forum does not change anything from
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Answer:
Marriage in front of witness
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.
Allah Says in the Holy Quran Chapter 5 Surah
Maidah verse 5:
5 …. (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).
Shariah Law dictates and demands that four absolutely
obligatory conditions must be fulfilled for a marriage to be valid in the Sight
of Shariah Law and of Allah Subhanah. If
even one of these four absolutely obligatory conditions of marriage are not
honored, that marriage would be invalid and void in the Sight of Shariah Law
and of Allah Subhanah. The four
obligatory conditions of marriage in Islam are:
- The
proposal by one party and acceptance of the other.
- The
determination of the ‘mehr’ to be paid by the groom to the bride.
- The
presence of two witnesses to the marriage contract.
- The
consent of the ‘wali’ or guardian of the bride to the marriage contract.
Your Question: Is
this kind of nikah valid in the sight of islam
If a couple have merely accepted each other in front of
two witnesses, and the other two obligatory conditions of marriage
(determination of ‘mehr’ and the consent of the bride’s ‘wali’) are not
honored….such an acceptance would have absolutely no basis or legality in the
Sight of Shariah Law or in the Sight of Allah Subhanah!
Your Question: what
is the status of this relationship?
The mere acceptance of a couple in front of two witnesses
has absolutely no legal status in the Sight of Shariah, but rather it would
constitute a clear manifestation of a secret intrigue and lewdness. If the
couple (Allah forbid) were to continue their relationship any further, it would
constitute the evil crime of ‘zina’ in the Sight of Allah Subhanah.
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
Allah’s 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
Wister