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:

salaam.
i visit this site often and think it is a brilliant site. today i am in a very hard situation, i hope you get back to me as i have nobody else to turn to.

i`ll try and be brief:

i recently had my nikka done in pakistan with the person i chose, even though my family were not in favour they still sat in my nikka as they knew i would go ahead and do it even if they were against it.

at that time we agreed for the rukhsti to take place same time, but at last minuit my mum requested for a few days to get things prepared as i am her only daughter, my in-laws agreed, then the next day my family wanted to bring me back to england..my husband and his family came to talk and my family didnt let them in. my husband said i am now married to him and that i should leave my family and not go bck with them coz they will not let u come back and get u married to some one else.

i convienced my in-laws that i would be back in a week as my family promised.

after leaving pakistan, when we came back things went wrong. my family were against the whole thing and didnt want me to go back. then my family agreed with my in-laws that give us 6mnths and we will come back and do the rukhsti properly.

it will be 6mnths in february and at the moment my family are all against is and are not up for me going. my husband says that if you dont come in februry i`ll break ties. i love him to bits and cant live without him. my in-laws a realy nice and said that coz you have had your nika if you come on your own we will still accept you.

but the problem is that my mum has both the copies of the nika nama. and the imam who read the nika was from my mums side and i don`t think we will be able to get copy from mosque.

in this circumstance wat shall i do??

please please get back to me URGENTLY! i need desperae help..

w/s! 

(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:

Nikaah against family

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Beloved Sister in Islam, provided all the obligatory conditions of an Islamic Nikaah (like proposal and acceptance, determination of mehr, availability of at least two witnesses, consent of the bride and her guardian, etc.) were met at the time of your marriage; you will be considered legally married to your husband in the Sight of Shariah Law and in the Sight of Allah Subhanah.

Regardless of whether the ‘nikaah-naama’ or documentation are destroyed or unavailable, you will be considered legally wed to your husband in the Sight of Shariah Law and of Allah Subhanah; and it would be absolutely illegal and unlawful for you or your parents to arrange another marriage for you unless your husband first pronounces divorce upon you.

Your Question: in this circumstance wat shall i do??

Beloved Sister in Islam, with absolute humility, wisdom and extreme patience try to instill the fear of Allah into your mother and guardians and with extreme politeness try to convince them to permit you to live your life with your legal and lawful husband.

If your parents or guardians consented to your marriage at the time of ‘nikaah’ in front of witnesses, they now have absolutely no right to withhold you from living with your lawful husband against your will; if they do so they will be held severely accountable for their injustice not only in any Shariah Court in this world, but also in the Majestic Presence of the Lord Most High in the Hereafter.

If after your best efforts you are still unable to convince your parents to permit you to go live your life with your lawfully wedded husband, you are well within your rights to take your case to a Shariah Court and they will enforce your marital rights to live with your husband.

Beloved Sister, the ‘nikaah-naama’ or official documentation of nikaah is a non-issue; for the Shariah Judge will call upon those who witnessed the nikaah to give their evidence that the nikaah did indeed take place….and those witnesses would more than suffice to prove your marriage to your husband in any Shariah Court of the world.

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