Fatwa ID: 07862
Answered by Alimah Shireen Mangera-Badat
Question:
Have carried out Nikah but only my family awareness and groom father only knowing. Anxious as the Prophet PBUh said in hadith Nikah to be declared. Living discretely as second Nikah, so second wife. Hence not published as community all know everyone. Having anxiety as the Prophet PBUh said to declare it and I understand it’s to be open Nikah. Please can you advice. I don’t want to be in the grave and not know the third question as we didn’t follow the strong hadith.
In the name of Allah, the Most Gracious, the Most Merciful
Answer
In Hanafi Fiqh, the validity of a nikah (marriage contract) does not depend on its public announcement, but rather on the fulfillment of specific conditions. However, publicising the nikah is strongly emphasised in the Sunnah for fostering transparency, trust, and preventing suspicion.
For a Nikah to be valid, four conditions are according to the Quran:
- Consent from both parties- “O you who have believed, it is not lawful for you to inherit women by compulsion (Surah Nisa:19)
- Presence of a wali- The second condition of marriage in Islam is the presence of a Wali, or guardian, for the bride. The Wali is typically the bride’s father or closest male relative; as stated in hadith
“Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid.” (Jami Tirmidhi 1102)[1]
- Presence of two witnesses-
- Mahar- And give the women [upon marriage] their [bridal] gifts graciously…” (An-Nisa:4)
In answer to your question with regards to declaring the marriage, this is a Sunnah, not a compulsory requirement- as the hadith has mentioned-
“It was narrated from ‘Aishah:
that the Prophet said: “Announce this marriage and beat the duff for it.”[2] (ibn Majah 1895)
As for your anxiety, Islam is an easy religion and would not want to burden you more than you can bear, therefore if you feel that intermingling in society would raise your anxiety, then it would be advised to do what may be best for you.
Your concern about being questioned in the grave regarding the nikah is valid, but the questions in the grave pertain to belief and faith:
- Who is your Lord?
- What is your religion?
- Who is your Prophet?[3]
There is no evidence to suggest that failure to declare a nikah would directly impact your ability to answer these questions, especially if the marriage was valid according to Islamic law. However, since you are striving to align with the Sunnah, this is a sign of your sincerity and desire to follow Islamic teachings.
On the hand that you have completed a part of deen that is encouraged, you should gradually work towards in announcing the blessed outcome, Continue to seek forgiveness and guidance, as Allah rewards sincere intentions and efforts.
Only Allah knows best.
Written by Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] …….. عَنْ أَبِي إِسْحَاقَ عَنْ أَبِي بُرْدَةَ عَنْ أَبِي مُوسَى عَنِ النَّبِيِّ صلى الله عليه وسلم ” لاَ نِكَاحَ إِلاَّ بِوَلِ…………..
https://sunnah.com/tirmidhi:1102
[2] حَدَّثَنَا نَصْرُ بْنُ عَلِيٍّ الْجَهْضَمِيُّ، وَالْخَلِيلُ بْنُ عَمْرٍو، قَالاَ حَدَّثَنَا عِيسَى بْنُ يُونُسَ، عَنْ خَالِدِ بْنِ إِلْيَاسَ، عَنْ رَبِيعَةَ بْنِ أَبِي عَبْدِ الرَّحْمَنِ، عَنِ الْقَاسِمِ، عَنْ عَائِشَةَ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ قَالَ “ أَعْلِنُوا هَذَا النِّكَاحَ وَاضْرِبُوا عَلَيْهِ بِالْغِرْبَالِ
[3] وعن البراء بن عازب، رضي الله عنهما، عن النبي، صلى الله عليه وسلم، قال: “المسلم إذا سئل في القبر يشهد أن لا إله إلا الله، وأن محمداً رسول الله، فذلك قوله تعالى: {يثبت الله الذين آمنوا بالقول الثابت في الحياة الدنيا وفي الآخرة} ((إبراهيم:27)) ((متفق عليه)
Riyad as-Salihin 427
https://sunnah.com/riyadussalihin:427
