that after 3 years of nikkah with no rukhsati …nikkah is no more valid ???..both the boy and the girl were never in contact …they live in different countries and he was quite forced for the nikkah…
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No its not true. Nikah is still valid although if I remember correctly (but I could be wrong), if no rukhsati happened then in case of Talaq or Khula, no iddat is required by the girl.
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u r not wrong tlk
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thnx TLK and jiia for ur answers
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TLK, I heard about a condition where a husband is misisng for seven years (may be killed in a war or died on a business trip) with no signs of communication or his existence, then Nikkah can be considered as void. I don't know if woman still need to get Khula from a Qazi/Judge or not. Please shed some light.
Re: is it true?
TLK, I heard about a condition where a husband is misisng for seven years (may be killed in a war or died on a business trip) with no signs of communication or his existence, then Nikkah can be considered as void. I don't know if woman still need to get Khula from a Qazi/Judge or not. Please shed some light.
According to what I know, there are only 3 ways a marriage between two Muslims can end (get dissolved). Since, by default husband gets right of divorce, assuming that is the case:
Way one: Husband left wife ... that is called Talaq.
Way two: Wife left husband ... that is called Khulla ... and that happens if wife goes to court, give reasons for her desire to dissolve marriage, and ask for Khulla (court is obliged to award Khulla).
Way three: Husband or wife dies.
So, you can see that there is no automatic void of marriage in Islam.
Reasons for obtaining Khulla:
According to Shariah laws (laws for Muslims) imposed in subcontinent by British during British rule, there are number of valid reasons wife can get khulla. One of the reason is that husband disappeared for 4 years without trace (I believe taken from Maliki fiqh, as Hanafi fiqh asks for 90 years).
If husband got prison sentence of 7 years, then that could be valid enough reason too.
If husband did not maintain her for 2 years, then that could be valid enough reason too.
If husband is impotent (or wife claims that he is impotent) then that is certainly a valid reason to get khulla.
[Well, according to Islamic principle, if wife says that she could not live with her husband for whatever reason, maybe because he snores depriving her of sleep, than that should be valid reason for court to grant Khulla. Actually, if a woman does not want to carry on in marriage with a man, in Islam she should be granted Khulla].
Re: is it true?
that after 3 years of nikkah with no rukhsati ....nikkah is no more valid ????..both the boy and the girl were never in contact ...they live in different countries and he was quite forced for the nikkah....
No its not true. Nikah is still valid although if I remember correctly (but I could be wrong), if no rukhsati happened then in case of Talaq or Khula, no iddat is required by the girl.
Salams,
Correct TLK. no iddat would be required for the woman since the marriage was never consummated.
However a point to remember, that such a Nikkah/Aqadd would be dislike according to the sunnah, unless there is an unavoidable and urgent need to maintain such a contract. The whole purpose of a sunnah marriage is to deliver on the human desires and provide a haven for an islamic family to grow and prosper.
Re: is it true?
TLK, I heard about a condition where a husband is misisng for seven years (may be killed in a war or died on a business trip) with no signs of communication or his existence, then Nikkah can be considered as void. I don't know if woman still need to get Khula from a Qazi/Judge or not. Please shed some light.
Yes your latter question is true. She would still need to get the aqadd/nikkah nullified by the islamic or secular courts by way of khulla'a. It will not be automatically considered Null and void. However, there would be less harm for a suitor to show interest in marrying her since her previous spouse has been quite unavailable for a very long time without cause.
Re: is it true?
TLK, I heard about a condition where a husband is misisng for seven years (may be killed in a war or died on a business trip) with no signs of communication or his existence, then Nikkah can be considered as void. I don't know if woman still need to get Khula from a Qazi/Judge or not. Please shed some light.
although Sa1eem is right, but an ijema by hanafi scholars in last few decades did come up with this fatwa that under certain conditions, if husband is no longer in contact with the woman for certain number of years, then khula (through Qazi or chief justice of that islamic country) is allowed. Now what those conditions are, I am not aware. You need to check with a mufti on that.
Re: is it true?
Yes your latter question is true. She would still need to get the aqadd/nikkah nullified by the islamic or secular courts by way of khulla'a. It will not be automatically considered Null and void. However, there would be less harm for a suitor to show interest in marrying her since her previous spouse has been quite unavailable for a very long time without cause.
oh Antumul already answered that. Pretty much what I was trying to say but you said it in a better way.
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when one person leaves islam...then also nikah is nullified right?
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when one person leaves islam...then also nikah is nullified right?
great point nomi. I think yes you are right.
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i remember the statements of molvis in newspaper…so and so did/said this n that…‘woh islaam k daairay se khaarij ho gya hai…or uska nikah toot gya hai’…the first thing the molvis go after is a persons wife..
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Molvis fatwa aside, it is receommnded by scholars that we all should renew our nikah every 2-3 years cause unknowingly we do or say stuff that may put us outside the dairaa of islaam. Great advice in my opinion.
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^ and renewal constitutes what?? as far as i remember (guide me if i am wrong) you have to accept in front of people that you both are husband n wife...if you do that your nikah is done.......so how do you renew it?? like tell people again that you n your wife are married??
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Molvis fatwa aside, it is receommnded by scholars that we all should renew our nikah every 2-3 years cause unknowingly we do or say stuff that may put us outside the dairaa of islaam. Great advice in my opinion.
Do you get commission from Qazi who renew the nikah ? :D Unknowingly saying something does not make us Kafir or Mushrik.
In Islam the legal doctrine of *" ignorance of the law is no excuse" does not apply . Islam does pardon any sin which was committed unknowingly.
*
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There is another way that a nikah can automatically become void and that is if girl or the boy is forced into that nikah. There is a hadith in Bukhari that a girl came to Prophet Muhammad (SAW) and said that her father had forced her into nikah with a man she did not want to marry. Prophet Muhammad (SAW) simply said that she can remarry her nikah was void. This very important matter of willingness by the both partners is overlooked by the parents in "forced marriages" which makes the nikah fasiq resulting in a very dangerous situation where the two people are in a relation without a nikah!!!
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^ and renewal constitutes what?? as far as i remember (guide me if i am wrong) you have to accept in front of people that you both are husband n wife...if you do that your nikah is done.......so how do you renew it?? like tell people again that you n your wife are married??
exactly that. as simple as that.
Do you get commission from Qazi who renew the nikah ? :D Unknowingly saying something does not make us Kafir or Mushrik. In Islam the legal doctrine of *" ignorance of the law is no excuse" does not apply . Islam does pardon any sin which was committed unknowingly. *
Mirch, have you seen threads like 'I hate islam' or 'I wish I was not a muslim' .. .I am talking about those kind of things. You have to do shahahda again and if you are married, you have to do nikah again.
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Mirch, have you seen threads like 'I hate islam' or 'I wish I was not a muslim' .. .I am talking about those kind of things. You have to do shahahda again and if you are married, you have to do nikah again.
Nikah don't mean anything to them who believe those things.....if someone is not muslim..why would he/she care about their nikah?
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Nikah don't mean anything to them who believe those things.....if someone is not muslim..why would he/she care about their nikah?
some people say such words in ghussa, and it nullifys their eeman even if they did not mean it. Its like Talaq that happens just by uttering the words, whether you do it with or without ghussa, with or without niyat.