The Nikah was done at home with the permission and presence of her mother.
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:
As-Salaam
Alaikum. I recently got married a second time. The problem is that the girl`s
father has long expired, she has no brother, direct Uncle or anyone who can be
her Mehram. As such the nikah could not be registered in the court of law (am
in a GCC country). The Nikah was done at home with the permission and presence
of her mother. Her sisters, brother in law, who also happens to be her cousin,
my colleagues and friends were also present. First, is my nikah valid according
to Shariah, and could you help me find a country where me and my wife can marry
in a court of law without a Mehram. We need the documentation. Also, she is
Pakistani and am Indian. Please help. Thanks.
(There may be some grammatical and spelling
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Answer:
Marry without guardian wali
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 brother, first and foremost, the guardian
of the bride who gives her hand in marriage does not necessarily have to be a
mehram relative of the bride in Shariah Law.
In the absence of her father, the bride is well within her rights in
Islam to nominate a guardian who would give her hand in marriage.
Thus under normal circumstances, if it can be proved to
the presiding judge of the Shariah Court that the father of the bride has
passed away, and the bride has no available guardian to give her in
marriage….the Shariah Court judge himself would be well with in his rights to
assume the role of the guardian of the bride, and give her in marriage.
Your Question:
First, is my nikah valid according to Shariah,
The obligatory conditions for a marriage to be legal in
Islam are:
- Proposal
by one party and acceptance by the other.
- The
determination of ‘mehr’ for the bride.
- The
presence of (at least) two witnesses to the marriage contract.
- The
consent of the guardian of the bride.
Beloved brother, provided all the above listed obligatory
conditions of the ‘nikaah’ were honored, the marriage would be absolutely
lawful and legal in the Sight of Shariah Law and of Allah Subhanah.
Your Question:
…..and could you help me find a country where me and my wife can marry in a
court of law without a Mehram.
Beloved brother, it my our understanding that any Shariah
Court of Law in any country would issue the legal documentation for your
marriage if you can prove to the Court that you have fulfilled all the above
listed obligatory conditions of ‘nikaah’.
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