Marrying a Christian Without Nikah

CategoriesMarriage [574]

Fatwa ID: 04436

Answered by: Alimah Nasima Umm Hamza

 

Question

 

Salam.

My wife's cousin is marrying a Christian female but there is no Islamic Ijab Qabul in place. Our family has debated whether to go or not as it will at least damage ties of kinship if not severe the ties as his family has made a big deal about this. Is it permissible to attend to preserve the ties of kinship or are we not able to go as we will be witness to a false contract?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

 

A nikah is completed when there is an offer (ijab) and acceptance (qabool) in the past tense.[1] When the husband and wife are both Muslim, then two Muslim male witnesses are required. However in the case where the woman is a Christian or Jew, then two witnesses who are Christian/Jew are valid.[2]

 

Therefore, if the marriage will fulfill these conditions of nikah, it will be valid.

 

However, if these conditions are not met, then the marriage between them is not valid. In this case, it will not be permissible for you to attend this wedding and acknowledge their relationship. This should not mean that you sever the ties of kinship. Not attending a false marriage is not the same as severing the ties of kinship. Explain why you will not be attending this wedding and why your religious values come first priority in your life. You should continue to make an effort to visit your relatives after the wedding is over and be kind to them. With time this situation will be forgotten and you can continue to have a good relationship with your relatives.

 

 

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Raddul Muhtaar, Volume 3, Page 9

[2] Raddul Muhtaar, Volume 3, Page 24

 

 

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