Fatwa ID: 02251
Answered by Eunus Ali
Question:
I have intercourse with my lover and now I am 3 weaks pregnant plz tell me can we do sharainikah the nikah without nikahnama and proofs? Plz rep as soon as possible
Answer:
Firstly, there are 2 requirements which need to be completed at the time of marriage for it to be valid in Islam:
- The proposal and acceptance (Ijaab and Qabool): At the time of performing the marriage there should be categorical acceptance from both parties.
For example: The Imam conducting the marriage addresses the girl or her representative, “So and so (groom) has sent you a marriage proposal, have you accepted the marriage proposal?” They clearly reply to this “yes, I have accepted the.” The similar case is with the boy.
- Presence Witnesses: There needs to be either 2 males or 1 male and 2 females who witness the marriage who meet the following criteria:
- Muslim
- Sane
- Mature (Baligh)
- : If any of these criteria are not met, the person cannot participate as a witness.
(Marriage- A Complete Solution, Page 44-45, JKN Pulications)
Keeping the above in mind, it is not aShariah requirement that it be registered or documented. (Fatwa Mahmoodiyyah, Volume 10. Page 600, DarulIftaaJamiahFarooqiyyah)
Conclusion: When the above mentioned 2 points are fulfilled the marriage will be valid in Shariah, however if any of them is not fulfilled the marriage will be invalid.
Secondly,it is necessary to mention that when a pregnancy occurs out of wedlock, it is permissible for the women to marry whilst pregnant; however it will not be permissible for the couple to consummate the marriage until the birth of the child. (Al-Badai As-Sanai, Volume 4, Page 423, DarulKutubulIlmiyyah&Allubaab Fi SharhilKitaab, Page 486, )
Only Allah knows best
Written by Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
