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 salamu alikum wa rahmatullah wa barakatuhu and a blessed ramadhan,

I have a question. Me and my husband are both not happy about our nikkah nama, we had nikkah in Feburary. We both (groom and bride) want to include certan conditions (which is halal as i know). Do we have to do f.e. khula, to do a new nikkah? Or can we do a new nikkah nama (with our conditions, other wali & witnesses), which replace the old one?

Jazakallah khairan & a blessed ramadhan for you inshallah. 

(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:

Redo nikaah conditions

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 Statements: …..We both (groom and bride) want to include certan conditions (which is halal as i know). Do we have to do f.e. khula, to do a new nikkah? Or can we do a new nikkah nama (with our conditions, other wali & witnesses), which replace the old one?

Respected sister, if you and your husband are united in the sacred bond of marriage through a ‘nikaah’ contract and wish to add certain conditions, you neither need to take a divorce and redo the nikaah contract, nor create a new nikaah contract, nor do you need to arrange for another wali or witnesses! The original ‘nikaah’ contract which united the two of you in the sacred bond of marriage need not be touched for such frivolous reasons.

Whatever new conditions the two of you wish to agree upon, provided they are lawful in their essence, and if the two of you wish, you could merely write them down on another piece of paper as a contract between the two of you which both of you intend to honor. If you wish to invite a honorable person to witness this new contract between the two of you, you are well within your rights to do so.

But to annul the original ‘nikaah’ contract, or to establish a divorce only for such a frivolous reason that you wish to add new conditions to the original ‘nikaah’ contract would neither be practical, nor permissible, nor acceptable!

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