Is the Nikah Conducted in the State of Ritual Impurity Valid in the Shariah

CategoriesMarriage [586]

Fatwa ID: 05255

 

Answered by: Alimah Fatima Begum

 

Question

 

I sent a previous message about ghusl and validity of nikah which was answered by you. You said being in a state of ghusl is not necessary for nikah to be valid. My question is during nikah the man has to read after the Imam Arabic words from the Quran and I thought a person can’t read or recite Quran when not in a state of ghusl. So if during nikah he was not in ghusl because of committing illegal sex and then he read Quran verses for his nikah, is the nikah valid.

 

 

In the name of Allah the most Beneficent, the Most Merciful

 

Answer

 

The conditions for a nikah to be valid according to Shariah are that there should be offer and acceptance (from the couple or a proxy) in one session, which should take place in the presence of two adult male witnesses or one adult male and two adult female witnesses. (Hidayah, vol 2, p.305-306)

 

I have once again stated the conditions for the validity of nikah.

 

As you have rightly stated, it is not permissible to recite verses of the Quran in the state of ritual impurity. However, this is not a condition for the nikah to be correct. The mere offer and acceptance in the presence of the witnesses are sufficient, there is no need for the man to recite Quran after the imam. If he did, he will be sinful for reciting while impure, however as long as the aforementioned conditions are met, the nikah would be valid.

 

 

Only Allah knows best.

Written by Alimah Fatima Begum

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

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