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Question:

Asalaamu Alaikum

  1. When one does Nikaah, do they have to sign any documents? One of the childs parents is not willing to allow their child to sign just yet.
  2. They are from 2 different states so how long can they live apart from each other once Nikaah’s done.?
  3. Can Walimah be done when they move in together?
  4. Child is of a single mum and she has a bit of asset so to protect her assets she wants a Pre-nup done, is this allowed in Islaam?

Some Background information:
Girl has 2 months left before completing her studies. She is educated but has no experience about life. She does not know any family or friends other than Mother. She is born Muslim only, does not know anything about Islam .She has never done anything for herself

Boy: A Hajji Allahumdulliah. Goes out in Jamaat. Everything we all look for in a partner.
Girls mother concern: Boy being religious is not an issue but is her daughter making the right decision? and will she be able to adjust? life style  will change 360 degrees. Daughter has been told that she wont be pressured into any acts of Islam that is her way of living and dressing style and she believes that this is what will happen. Will she adapt within an extended Indian family? etc. Mother wants to buy time till she finishes her degree in next 2 months but they want Nikaah in 2 weeks

Girl meets boy and  within 2 weeks of communication and they are ready to get married. Girl does not want to know mothers concern. Girls reason is that the boy wants a halaal relationship

What will be your advise to the mother?

Answer:

 

السلام عليكم ورحمة الله وبركاته

حامدًا وّمصليًا وّمسلمًا

In the Name of Allaah, the Most Gracious, the Most Merciful

  1. The requisites for the validity of a Shar’ee Nikaah is for the offer and acceptance to take place and at the time of the Nikaah being solemnised there must be two male witnesses or one male and two female witnesses present. By the above, the Nikaah will be legal in terms of Shari’ah and they will be regarded as Husband and wife whether they sign any documents or not. If they do sign any document this will be a further verification from both parties which is encouraged however this is not necessary unless if it is the legal requirements of the country or state.[1]

 

  1. Taking into cognisance the times that we are living in, it is advisable for the husband and wife to spend less time away from each other due to the overwhelming desire to sin that people are afflicted with albeit the jurist have mentioned that once in four month a husband should visit the wife this is when there is no fear of sins. If the wife is happy for him to stay away longer than four month this will also be permissible.[2]

 

  1. According to Shari’ah the Walimah should be done after the Nikaah has been consummated. The time of the consummation of the Nikaah depends upon the husband and wife. There is no stipulated time from Shari’ah.

If the Nikaah is not consummated then Khalwat-e-Saheehah must take place which means that the couple must spend some time together in seclusion whereby there are no barriers whatsoever to stop the couple from having intercourse. This can be achieved by spending a few moments together however the preferred procedure will be to spend one night together in seclusion.

According to the scholars of the Hanafi school of thought the Walimah should be held within the first three days after seclusion or consummation. If it is prolonged beyond that then it would not be termed as Walimah but rather a normal invitation for meals given to others. This could be understood from Fataawa Aalamghiriyaa pg. 343 vol. 5 wherein it is stated that there is nothing wrong in serving the Walimah within three days, after which the duration for serving the Walimah terminates. Also see Qaadhi Khan pg. 365 vol. 4, Fataawa Mahmudiyya, Vol. 13, Pg. 206, Khairul-Fataawa, Vol. 6, Pg. 604].

 

  1. It will be permissible for the woman to have a prenuptial agreement made with her husband. This is actually encouraged. She should also have an Islaamic Will drawn up to save her from any complications arising after her demise.

 

Our advice regarding the situation:

 

Nabi Salallaahu Alahi Wasallam has said:

 

“A woman is married for four (Qualities or possessions): for her wealth, for her honourable linage, for her beauty, and for her religion. So succeed in acquiring the woman of religion” {Al-Bukhaari #5090, Muslim #1466}

 

This Hadith indicates that in all affairs, and in marriage particularly (since a person is choosing not a temporary companion but a lifelong companion) one should make religion one’s priority over all else.

 

Religion is the yardstick by which one should choose his spouse. But this does not mean that a woman’s other qualities are unimportant. In our society today, religious-minded men, for the most part, search for women who have similar outlook. Most problems in this regard arise when one of them is religious and the other one might not be. Perhaps the factor that leads to most failures in marriage is for the husband and wife to have not opposite, for that is not the right word, but clashing personalities and habits. That is why Shari’ah has ordained Kufu (compatibility) in Nikaah from the husbands side i.e. the husband must be equal and compatible in lineage, Islaam, piety, wealth and occupation or profession to the wife[3]. This is to keep the Nikaah in Harmony.

 

In the situation mentioned by you since the husband is equal and compatible to the wife the Nikaah will be valid. However, a man should strive to choose a wife whose disposition corresponds with his own. Granted, wealth and beauty are important considerations, but they are secondary concerns when compared with the issue of piety. One needs to keep in mind that a righteous woman helps her husband to better apply the teachings of Islaam.

 

And Allaah Ta’ala knows best!

 

Answered by:

Musayyab Sahib

03 Muharram 1438

05 October 2016

 

Checked and approved by:

[Mufti] Muhammad Irshad Motara

 


[1] Al Jawharah tun Nayyirah vol. 2 pg. 64- 65, Kitaab un Nikaah – Qadeemi khutub khana, also see; Fataawa Mahmoodiyah vol. 16 pg. 154 – Takhreej Mufti Farooq Mirthi r.a

[2] Durrul Mukhtaar vol. 4 pg. 379-378- H.M Saeed, also see; Fataawa Mahmoodiyah vol. 29 pg. 48

[3] Durrul Mukhtaar vol. 3 pg. 86-90 – H.M Saeed

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