Fatwa #190414 October 2010United Kingdom
Will the divorce take place?
Question
Please can u explain to me, if such a niqah is valid in islam. Being made to marry someone not of ur choice, and not knowing of the niqah till a couple of hours before, everything going wrong from start to now, force being used within the marriage is haraam? I understand that such marriages are not valid in islam? Also, would this mean getting a divorce is not needed, because of it being invalid anyway?
There is a practising muslim who is compatible and has the qualities of what a husband should be like in islaam, knows of his duties to Allah SWT and to a wife, can niqah be done without the knowledge of others due to fear of displeasing Allah SWT? Divorce has not been done because won't allow khula and want to go ask for it themselves, can niqah to the practising muslim not be done till then? Jazak Allah khairan I'd appreciate it very much ur reply assalaamu alaikum warahmatullah, may Allah SWT be pleased with us all.
Answer
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
As a principle of the Darul Ifta, no query will be answered if there is unclarity regarding the issue at hand. Kindly clarify the following:
- How did the marriage take place?
- Were there witnesses present?
- Did the bride’s representative take permission from the bride to get her married and did she give her permission happily?
If there is any other information which may be of assistance, kindly forward it to the Darul Ifta.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Ebrahim bin Khaliel Ahmed Desai,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai