does this Nullify Nikah?

Society Religion & Philosophy
21

Re: does this Nullify Nikah?

What is a 'typical nikah'? I don't think this is a discussion about what a nikah is culturally.

Also lets not confuse nikah with getting married. Getting married is sunnah. By which we mean, it is not a requirement for every muslim to get married. There are some conditions under which it can become wajib for a person, but that is a whole other discussion. If you do want to fulfill that sunnah, nikah is the way to do it. Like @Mirch and yourself pointed out, nikah means a proposal, acceptance with 3 adult muslims as witnesses. And all three aspects are fard for nikah; missing any one of them makes it invalid. Now am not sure if court marriages satisfy those 3 conditions. If it is in a place in the west where there is no masjid, then what are the chances of finding a 3 adult muslim witnesses? Guess you can fly them in or something. Or just fly out to GTA to get married. Honeymoon in Niagara Falls....I digress...

22

Re: does this Nullify Nikah?

So it is a valid marriage. Like others pointed out, still doesn't nullify it.

23

Re: does this Nullify Nikah?

I dont think accidentally calling your wife a girlfriend would void the nikah. However, it is a very poor choice of words. I think the bigger problem here is hiding the fact that these two are married people. From what I understand the purpose of Walima is "declaration" of marriage to society (no i am not referring to declaration of consummation of marriage as some people believe). If one has married, he should have the moral courage to declare it in public.

24

Re: does this Nullify Nikah?

When Ibrahim (AS) was in the court of Egyptian King and he was asked who is with him [Sarah (AS)] … Ibrahim (AS) said that she is his sister, so what?

Does it mean marriage got broken? … obviously not. Marriage only ends if a person intentionally give divorce or wife takes Khula … that is all.

25

Re: does this Nullify Nikah?

Court marriage in Muslim country is Sharaee marriage. Actually, in Islam courts can dissolve marriage as well as approve marriage.

As far as I know, for marriage, Nikah, Mahr, Witnesses and Valima is required. if girl marriage is first time than permission of her ‘Wali’ is also required, but not necessary if it is court marriage, as court can take the role of ‘Wali’.

Note: In Islam, we do not need any particular authority to perform marriage. Any person can perform marriage. Only requirement is to have Wali, who gives permission (usually father, if girl marriage is first time), but court (judge) can take the role of Wali.

Next is agreement of marriage between man and woman, that is nikah and again court (judge) can declare that Nikah has happened (both agreed with the contract of getting married to each other … along with conditions of the contract). Court can also get witnesses arranged. Judge, with help of couple can determine Mahr, and then Valima. That is responsibility of husband who do ‘Valima’ so that marriage gets announced in community … that is all.

26

Re: does this Nullify Nikah?

To lie and mislead is a sin, unless it is to prevent a fitnah ... Ibrahim (AS) did not lie about Sarah ... As all Muslims are brothers and sisters in faith ...

27

Re: does this Nullify Nikah?

All husband and wives are friends of each other too, so the guy did not lie when he said that she is his GF

28

Re: does this Nullify Nikah?

My point exactly

29

Re: does this Nullify Nikah?

Brother, as far as I know: In Islam, to lie is sin if lie is to harm or deceive someone or society.

Lie (or deception) is not sin if one lies to avoid fitna. Innocent lies are also not sin, if it has some purpose. Same way, lie is not sin if one wants to save someone innocent from embarrassment or harm (obviously, if such lie do not harm or deceive anyone or deceives but avoid fitna). One can also lie (or deceive) to save oneself from embarrassment or harm (as long as such lies and deception are not at the cost of others).

30

Re: does this Nullify Nikah?

and then yelled for help: “halp halp mera bhai gir gaya”

jk :\

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Re: does this Nullify Nikah?

Asli qazi aur gawahoon k samnay nikah ho chuka . Ab woh aik dosday ko girl friend boy friend kahin ya munnay k abba aur munnay k ammi kahain dosroon ko iss say kia lena dena.
Your friend knew what she is getting into when she agreed to a court marriage and I think they agreed to keep it secret till the time is right to tweet about it to the public.
As far as nikah is still valid yes it is valid because as per rules of all fiqh none of the words were said in this conversation which will invalidate the nikah .
Allah knows the best.

32

Re: does this Nullify Nikah?

Did your friend asked her husband that why he did that before sharing it with you, if she did not then he was right "she is not behaving like wife??????"

33

Re: does this Nullify Nikah?

exactly.... That's what I was thinking..if someone don't have guts to tell his friends that she is his wife and don't get married.

34

Re: does this Nullify Nikah?

I dont believe that Nikkah is nullified but Islam ask us to take Nikkah & Talaq matter really seriously and not keep uttering things even if its just a joke.

In fact there is a hadeeth on which scholars differed as to whether this report is saheeh (sound) or da’eef (weak):

The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife).” Narrated by Abu Dawood, 2194; al-Tirmidhi, 1184; Ibn Maajah, 2039

If that Hadeeth is saheeh (sound), uttering talaq words 3 times to wife even if there was not intent will actually implement divorce. Now this might be weak as other ulema think but why take chances?

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Re: does this Nullify Nikah?


^ in Hanafii maslak, uttering talaaq 3 times does effect talaaq while in Shafa'ii maslak it should be done over 3 menstrual cycles...the third talaaq is automatic if he does not reconcile.

3 ke ba'd Hanafii maslak meN talaaq-e-muGhallizah paR jaatii hai jiske ba'd biwii se Halaalah ke baGahir ruj'oo karnne kii ijaazat nahiiN.

36

Re: does this Nullify Nikah?

The supporting evidence which validates at least the question whether the marriage was annulled or not comes from a prohibition in the Quran (i think) with regards to calling a wife as mother (if i remember correctly this practice was done to cut (suspend) marital relations temporarily.) It annuls the marriage, requires renewal of nikah

With regards to Halala - there is no marriage with intention of divorce in Islam

37

Re: does this Nullify Nikah?

Dudette, this is a question for Noor Clinic.

Btw, the wife should only worry if he had pointed to some other woman or women and said that she or they were his girlfriend(s).

It could be a term of endearment as well. Girlfriends are usually hot and young (fun), so perhaps the wife should take it as a compliment?

38

Re: does this Nullify Nikah?

It is in Pakistan, so stop listening to whatever internet mullah that you listen to and learn your religion.

Someone needs to throw you off a bridge..

lulz](http://www.paklinks.com/gs/usertag.php?do=list&action=hash&hash=Lulz)

39

Re: does this Nullify Nikah?

Whattchu talkin' about, Willis?

40

Re: does this Nullify Nikah?

Brother, calling ‘your wife’ ... ‘your mother’ do not invalidate nikah neither renewal of nikah is required. Ayah you quoted (58:2):

Quran 58:2 … If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers: None can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again).

Says that calling someone 'your Mother' who is ‘your wife’ does not make your wife become your mother ... and thus nikah do not get invalidated … but calling your wife as your mother with intention of divorces is sin (a practice of Jahiliyah that Allah forbids).

That is why Allah says that Allah is blotter of all sins and can forgive this sins too … further, Allah mentioned kuffarah for this sin (58:3 and 58:4) … so it is clear that 'Zihar' is not divorce, as divorce is not sin neither kuffarh is needed to end divorce, just approach wife within certain period ends divorce.

In days of jahiliya … Men used to divorce their wife by calling them mother (called ‘Zihar’)… as to them, it used to invalidate nikah. Quran made such type of divorce invalid, and made the act where one intend to divorce his wife by calling her mother, an act of sin.

Anyhow, for Muslim who would like to go back on the words they uttered (called his wife as his mother) … or to clear the sin they have committed … they have to do kuffarah (mentioned in ayah 58:3 and further in ayah 58:4).

Note: Not to go back to their wife (as one has not divorced his wife by calling her mother), but **to go back on the words they uttered (calling ‘their wife’ ‘their mother’ **with intention to divorce … hence committing sin due to that intention) … kuffarah becomes obligatory on them.

Quran 58:3 … But those who divorce their wives by Zihar, then wish to go back on the words they uttered,- (It is ordained that such a one) should free a slave before they touch each other: Thus are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.

Quran 58:4 … And if any has not (the wherewithal), he should fast for two months consecutively before they touch each other. But if any is unable to do so, he should feed sixty indigent ones, this, that ye may show your faith in Allah and His Messenger. Those are limits (set by) Allah. For those who reject (Him), there is a grievous Penalty.