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:

I want to marry a bohri and was told by the guys family that I would have to convert in order to do a bohri nikah. My parents were very against me doing any of these things and were then also told by several religous scholars that bohris are not muslim because they apparently dont believe in the finality of the Holy Prophet Muhammad (pbuh). my parents are now completely against it because they keep saying bohris are not muslim. do you know anything about this fatwa? and if i can marry him without doing the misaak or changing my name is there anything wrong with it? 

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Answer:

Marry a bohra boy

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.

Your Question: ….do you know anything about this fatwa?

Respected sister in Islam, I myself was born in a ‘Dawoodi Bohra’ family….and in spite of our best efforts for almost twenty years now….unfortunately my mother, my two sisters and their families, and one of my three brothers and his family still believe and follow the Bohra way of life!

As much as the ‘Bohra’ system of belief and practice is overwhelmingly indulged in the abomination of the unforgivable crime of ‘shirk’….. to the best of my knowledge, in principle they do verbally declare to the Oneness of Allah Subahnah and the appointment of Prophet Mohamed (saws) as the Last and Final Messenger of Allah (saws)…..thus as far as Shariah Law goes, the Bohras will be deemed as legal muslims in the Sight of Shariah Law in the life of this world, and every single right that is due to a believer will be accorded to them in full.

Your Question: …..and if i can marry him without doing the misaak or changing my name is there anything wrong with it? 

Anyone who verbally declares that there is no God worthy of worship except Allah Subhanah Alone and that Prophet Mohamed (saws) is the Last and Final Messenger of Allah (saws) will be deemed a ‘legal’ muslim in the Sight of Shariah….and in the life of this world, such a person will be accorded every single right that is due to a muslim in Shariah Law. It is only on the Day of Judgment when the Lord All-Knowing, All-Wise will Determine with Absolute Knowledge and Justice who amongst those who claimed to be muslims in the world were ‘real’ muslims and who amongst them were not.

Thus sister, although a marriage or ‘nikaah’ between a believing woman and any person who verbally declares the ‘shahaadah’ and claims to be a muslim will be deemed lawful and valid in Shariah Law…..it is entirely upto you and/or your guardians to determine whether it would be right or wrong for your life in this world and especially the Hereafter to marry someone whose practice of religion is known to abound in the abomination of ‘shirk’!

Al-Tirmidhi Hadith 3090 Narrated by Abu Hurayrah

Allah's Messenger (saws) said, 'When someone with whose (belief and practice of) religion and character you are satisfied asks your daughter in marriage, accede to his request. If you do not do so, there will be temptation on earth and extensive corruption.'

Respected sister, although it is lawful for a believing woman to marry any person who has declared the ‘shahaadah’, the Messenger of Allah (saws) guided and advised the bride and her guardians that they should marry their daughters to those believers whose character and practice of religion they are satisfied with.

If you or your parents are not thoroughly satisfied with the belief or the practice of religion of the person, it would only be prudence and righteousness and piety on your part that you take the advice and the guidance of the Messenger of Allah (saws) and seek to marry someone with whose belief and practice of religion you are thoroughly satisfied with.

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