Fatwa ID: 01833

Answered by Mufti Mohammed Tosir Miah

Question:

I have done nikah with a guy without the knowledge of mine and his parents. I have taken this step out of fear that my parents will never accept him because of educational qualifications and financial issues. After nikah I have been living with my parents till now and I haven’t informed them about my nikah. He too didn’t inform his parents. Neither of our families know about out nikah. However there were two male witnesses at the time of nikah. Is my nikah valid? I didn’t meet that guy after my nikah and we keep regular contact on phone. Is my nikah valid? Suppose if my parents don't accept can I remarry again to any guy of my parent’s choice? I didn’t have any physical relation with the guy. If I want to remarry any other guy will I have to take Khula? 

Answer:

If the marriage was done in the presence of two male witnesses or one male and two female witnesses the marriage will be considered valid even though you may be living apart or have not consummated the marriage. (Hidayah p.306 v.2)

Regarding the second issue, there are four ways for a marriage to break or separation to occur:

• One utters the words of divorce or talaq verbally. It is mentioned in Durrul Mukhtar:

 “The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

• Giving talaq through means of the written word also effects separation. Imam Kasani (RA) states:

“Similarly, issuing a divorce verbally is not a condition. Hence, divorce will be effected with clear and unambiguous writing, or with the understood gesture (isharah) of a dumb person, because the clear written word is in place of verbal utterance”. (Bada’i al-Sana’I p.100 v.3)

• Sometimes if a husband is not fulfilling his rights, the wife can initiate a separation through an Islamic Shariah Concil.
• If the husband passes away.

As long as the husband has not passed away or divorced his wife or in any way has not annulled the marriage (i.e. through the courts or a Shariah Council…), it will not be permissible for a woman to marry another man. (Fatawa Hindiyyah p.280 v.1)

In the Holy Quran Allah has said:

“(And also prohibited are) the women already bound in Marriage.” (Surah Al Nissa v.24)

If your parents are not happy with this marriage, then unless your husband terminates the marriage you will still be considered as his wife. You can do khula with your husband but it can only be carried out with the consent and agreement of both the husband and wife. The wife does not have the jurisdiction to enforce Khula without the consent of her husband.

Allah states in the Quran: “…It is not lawful for husbands to take anything back which they have given them except when both parties fear that they may not be able to follow the limits set by Allah; then if you fear that they both will not be able to keep the limits of Allah, there is no blame if, by mutual agreement the wife compensates the husband to obtain divorce. These are the limits set by Allah; do not transgress them, and those who transgress the limits of Allah are the wrongdoers.” (Surah Al Baqara: 229)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.