Social Matters >> Nikah (Marriage)

Question # : 542

India

A mature boy and a mature girl are already engaged by the permission and blessings of their parents and relatives but want to marry immedietly and in an islamic manner. The parents wish them to marry after a year but they do not wish to wait any longer. If the bride sends a signed written proposal to the groom without consulting her wali and then nikah is conducted on the phone with the 2 witnesses present with the groom and then the bride also proposes for nikah on the phone and the groom agrees in front of the witnesses (hearing the complete conversation using the speakerphone) and then he signs the proposal in acceptance and the witnesses also sign the same document in agreement ie first the bride, then groom, then the two witnesses sign the proposal document, is this kind of nikah jayaz and valid. The couple do not wish to inform their parents about this marriage and when the parents marry them after a year will the second nikah between the same couple be halal?

Answer : 542

Published on: Jul 4, 2007

بسم الله الرحمن الرحيم


(Fatwa: 116=114/D)


 


It is the prime responsibility of children to obey the parents and seek their pleasure. The children should avoid actions that may cause the anger or displeasure of the parents. Therefore, the boy and girl should marry according to the wishes of their parents after one year when their parents are convinced.


 


However, if grownup boy and girl marry their match in front of two witnesses then Nikah will be valid. The boy and girl or their representatives must be present in the meeting of Nikah. Therefore, in case of both being at distance, it is better that the girl appoint someone as her representative to get her married, then the representative proposes for nikah on behalf of the girl before two witnesses in the meeting of Nikah and the boy agrees to it.


 


One more thing, you should notice that performing marriage secretly is disliked in Islam. The Prophet (Sallallahu Alaihi Wasallah) said: اعلنوا ھذا النکاح واجعلوہ فی المساجد (Publicize nikah and perform it in mosques). Because, when the nikah will take place in secret, the people will have suspicion about the relations of the boy and girl. And, if there is pregnancy, they may feel difficulty in proving it legal. The parents also will be ashamed and this will invite their anger.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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