Question 1
Respected Mufti Sahab, I have a question regarding the NIKKAH NAMA. I was married and had a Nikkah Nama, but when I applied for a UK visa, I mentioned my marital status as single because the details were not listed at the government agencies. Now, I want to bring my wife to the UK, but if I mention that we were married earlier, my visa will be canceled for providing false details. Can I get another Nikkah Nama with the current date? Is this permissible according to Sharia? Please advise.
Answer 1
Question 2
In Pakistan, there is a clause in the Nikkah Nama stating whether the husband has delegated the power of divorce to the wife. My questions are:
Is this practice allowed in Islam?
If it is allowed, can it be proved by the practices of our Holy Prophet (May Peace be Upon Him)?
If it is allowed, is it a good practice to follow? As far as I know, if a woman does not want to live with her husband, she can consult a religious court for "khulla." She cannot decide (like the husband) that she cannot live with him from a certain instance.
If it is not verifiable from the Sunnah, then why is it there? Practicing it would be a sin, wouldn’t it?
Answer 2
Question 3
Assalamoalaikum,
I came across your website on a central mosque page about the permissibility in the Hanafi fiqh of nikkah without the wali’s presence, and it recommended that people get in touch about their specific circumstances.
My fiancé and I have been engaged for about a year. We both wanted the nikkah to happen much earlier, but his family has cultural concerns, etc., that we tried to rationalize but haven’t been able to (we being us, the couple, and to an extent, my parents). We already have a relationship that cannot be considered halal, and we are certain that any more time like this will lead us to commit zina. In light of this, we wish to conduct our nikkah now and then one later in December for the families’ benefit.
I realize that the Hanafi position maintains that nikkahs should be publicized, and obviously, we wish we were not in a position where we were considering a secret nikkah just a few months before our actual wedding. Unfortunately, these are the circumstances.
I wanted to ask if we now try to go ahead with the nikkah, what do we need to arrange? Just an imam and two male witnesses? I’m in Pakistan, so I am expecting resistance from local imams on the matter (understandably). Are there any resources you could point me to?
Jzk
Answer 3
Question 4
I would like to find out whether a woman can stipulate in her marriage contract that she would like to study (deen) at a certain place for a minimum number of years (say 6), and if that is not fulfilled, she would opt for divorce!
Also, that during such a period, she would not want to have any kids. How would you advise such a woman, who holds her studies above everything else and is considering marriage? The brother in question is also interested in studying for a long time (although not bent on six years being the least and also not placing a maximum amount of years on the time he would be willing to study). Please, your advice is needed.
Answer 4
Question 5
I married this brother 7 ½ years ago because he was very religious. We had a child within the first year. Two months after the birth of our first child, we separated. I wrote to your respected Ulema and was guided with your advice (the Ulema advised that our separation was a Talaq. In order for us to be husband and wife again, we would have to get married again). During our separation, my baby and I moved in with my parents. As we were separated, my husband got married to another Muslim sister. A few months later, my husband divorced his second wife because she was unfaithful to him. At that time, he repurposed to me. I agreed to remarry because we have a son together. To make sure that the problem would not happen again, I wrote a contract putting conditions on our nikkah, stating that as long as I am alive, he is not permitted to take another wife. He signed and agreed to the contract. Currently, I am 9 months pregnant with our second child. Just yesterday, I found out that my husband has a second wife. Both of us (the other sister and I were unaware of each other.) Please advise me on this matter since I clearly wrote a marriage contract putting conditions on the nikkah and because the second marriage was kept a secret. Is the second marriage valid according to sharia, and am I allowed to ask for Talaq? Urgent!! Need immediate advice!
Answer 5
Question 6
Salaam,
A friend who’s getting married tomorrow wants to put a condition in her nikah contract that her husband won’t marry another wife – is that fine? Is she allowed to put a condition against something that is Islamically permissible, or is it okay because he’s giving up his own rights?
Answer 6
Question 7
AssalamoAlaikum,My nikkah ceremony happened about 15 years ago. What I remember is that long time ago, someone from the family came, and I said "qabul" and then signed the nikkah nama. I had been researching on the internet and found out about Tafwid, which means the husband can give the right to the wife to divorce. I remember long ago my mum talking about it before my nikkah, but I'm not sure whether it was mentioned on the nikkah nama. I asked my mum, and she said the right wasn’t given and that they crossed that out. But my mind is still stuck on it. I live overseas and asked my dad to get the nikkah nama from the molvi, but he’s also struggling to reach him. In case of not finding the original or a copy of the nikkah nama, what should I assume regarding my right? I don’t want to have the right, as I am someone full of waswasas (whispers). Since I read about Tafwid and delegation, it has made my life miserable. I keep thinking that if I say certain words or sentences, it may cause divorce, and sometimes the word "divorce" comes to my mind without me having any intention of it. Then I keep thinking, and I’m confused whether I had intention or not. I never have bad intentions, but my thoughts force me to think that I may have had bad intention. Now, it’s interrupting my normal conversations with others. When I want to say something, the thought stops me from saying it, and if I continue with normal conversation by denying the bad thought about divorce, it makes me think I may have had intention. Today, I was praying Asr Salah and reciting Surah Fatiha, and the word "divorce" came to my mind, and I couldn’t get it out of my mind while reading Surah Fatiha. Then I got worried that I may have had a bad intention because I didn’t deny the bad thought in my mind. Whenever I have a bad thought of divorce, I keep saying "no, no" or "no bad intention" in my mind to ignore it, but in normal conversation, it’s so hard to avoid that thought. I’m getting mad, and I get so many bad thoughts about divorce. I never have bad intention, but I keep getting confused about my intentions and whether I had intention or not. These thoughts are making me confused and so sad all the time. These thoughts are disturbing my normal routine of having conversations, and it happens so frequently during the day, like 3-4 times a day or maybe more.
Does a wife’s kinayah (allusive words) of divorce cause divorce if she has tafwid (delegation) right (delegation by the husband)?
If I don’t know what was in the nikkah nama, what should I assume about my right or not? We also signed a marriage certificate overseas after the nikkah, and that certificate doesn’t have any conditions.
Does a bad thought of divorce in the mind while reciting Surah Fatiha cause divorce?
Does a wife also use eela words (a vow of divorce)? Is it valid, or is it only to be used by the husband?
I don’t want to have tafwid as I am a person full of waswasas.
Answer 7
Question 8
In our area, the girl's father doesn't say “I hand my daughter to you” to the groom during the marriage contract. Are these marriages valid?
Answer 8
Question 9
Is it permissible for a girl or girl’s parents to ask that the girl be given the right to divorce, and then for this to be included as a clause in the marriage contract?
Answer 9
Question 10
My intended husband and I (who are both Muslims) want to get married. He is currently incarcerated and getting out soon. He has money saved that already takes care of me and the children. I have my contract done already. We want to get married over the phone as soon as possible. He has several Muslim brothers that also know me and are willing to be our witnesses. He will have with him three Muslim men present on his side and one Muslim female on my side. We love each other very much and want to be together and raise our children in a loving, Muslim home. My question is what has to be done in order for our marriage to be authentic and permissible? Please help us!
Answer 10