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Fatwa #1367218 November 2005United Kingdom

sunni hanifi brother and will soon do nikah with a sunni hanafi girl, however she has shiia parents of the type who hate and curse some sahaba

Question

I am asking this on behalf of a close muslim friend. He is a sunni hanifi brother and will soon do nikah with a sunni hanafi girl, however she has shiia parents of the type who hate and curse some sahaba (RA), worship Ali (RA) and his (RA) grave, have dis-honourable views about some of Nabi (SAW) wives which to my understanding makes her parents non-Muslim. also her father is an alcoholic who doesnt ever pray namaaz's. My close friend is a strict muslim who will only go ahead with doing the nikah with this muslim girl if it is permissable so i want to be able to advise him. She was the same kind of shiia as her whole life until she converted to sunnism and washed away the false shiia beliefs she had before and she became follower of the Hanifi madhab. She tried giving dawah to family but was scolded at, threatened with violence and beatings and disownership, she now keeps secret most of her sunni beliefs from them. Can u clarify on the following points according to the Hanifi madhab:

1) does he need the permission of her parents/walee for the nikah (her whole family i.e. all male relatives are of the same shiia kind) ?
2) must a local imaam be her walee or can the nikah be done without a walee ?
3) what are the conditions of nikah and can it be performed by any practising muslim man for them? (e.g. me) also tell me about the requirement of witnesses, can it be done without any?

thanks you for your time jaazaakallah

Answer

The boy and the girl do not require the permission of the girl’s parents to marry. The girl is an adult and her consent is sufficient.

A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).

It is Sunnat that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or decendants e.g. son, grandson, etc.

The Mahr (dowry) is the woman's right and should be stipulated prior to the marriage.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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