Fatwa ID: 06000

Answered by: Maulana Mohammed Dilwar Hussain

Question:

What is the ruling in Islam about a marriage where an adult Muslim man in the presence of two witnesses does his own nikah to a divorcee girl, meher is set, but neither the girl nor the witnesses were allowed to announce the marriage, after some time if this guy utters a word of talaq one-time wt is the status of marriage then? 

Will such nikah or divorce take place in Islam? 

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Marriage is an act from the Sunnah of our beloved Prophet ﷺ. Marriage spreads honour, dignity and respect. The Prophet ﷺ taught that marriages should be announced. [Sunan Ibn Majah, Hadith 1895] One of the purposes of this is so to protect one’s honour and dignity from false accusations and slander of an illicit relationship.

The inclusion of parents in a marriage brings about their beneficial dua (supplications) and barakah (blessings) from Allah Ta’ālā. Allah Ta’ālā has placed huge importance and value on parents so to marry without the involvement of parents would be greatly hurtful to them and very distasteful. This is even taken further to the extent that many scholars consider a marriage without the bride’s guardians present to be invalid.

Some scholars have defined the minimum criteria of marriage as being valid as having two male witnesses present (or 1 man and 2 women) the proposal and acceptance by the bride and groom with the mahr being fixed.

This is the minimum requirement for the validity of a marriage. This is in no way the method that is promoted nor recommended. Nonetheless, if such a marriage was to occur with these minimum requirements being fulfilled then that marriage would be valid.

Depending on the wording used at the time of uttering Talaq (divorce) and also taking into consideration whether there was an intention of divorce, the status of the divorce will vary. If Sareeh (clear) words were uttered (i.e., “you are divorced,” “I divorce you,” etc.) then Talaq Raj’i (revocable divorce) will occur. This would mean that if the husband so chooses to take his wife back while she is in her iddah period, then he would simply need to say it or gesture to it and she would return as his wife. If he chooses to take her back after her iddah period has concluded, then a new nikah would be required along with a new mahr. [Hidaya, vol 2, pg. 465]

However, the use of vague wording where ambiguity remains (i.e., using such wording which would not normally infer divorce) will require an intention of divorce to be present at the time of using such wordings. If an intention of divorce is not made at the time of using such wordings, then talaq will not take place. Examples of such wordings would be, as you have said “I free you,” “I release you,” “get out of here,” “I don’t want to see you again” etc. [Hidaya, vol 2, pg. 373]

When kinaya (vague) wordings are used for the purpose of talaq (divorce) with an intention of divorce then this will cause talaq ba’in to occur and she would then be required to go into iddah. If you choose to take her back, unlike in the first scenario where sareeh and clear wordings were used, here a brand new nikah will need to take place with a new mahr being paid. [Hidaya, vol 2, pg. 374]

Only Allah knows best.

Written by Maulana Mohammed Dilwar Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham