Fatwa #60818 July 2002United States of America
I am looking for someone that will perform the Nikah without my father's presence. I live Chicago, IL.
Question
I have known the man I want to marry for 3 years. We are both Muslims, sunni, Arab-Palestinian, and follow Hanafi school of thought. I live in Chicago, IL but we will travel anywhere in the U.S to perform the Nikah. My father will not allow me to marry him now becuase I am still an undergraduate, and will be for another 2 years. We are only engaged right now, which just consists of our parents being aware of the communiation between us. As tradition in my family, my Father will not allow us to perform the Nikah until the day before the wedding ceremony in another 2 years at least (HARAM!!). I do indeed respect my parents and follow their every wish, however, in this case it is not being faithful to Allah (SWT) and I CANNOT do this any longer. Please, I feel it is so haram to not have the Nikah done by now. Temptation is growing between us and we do not want to do anything that will not be permissable by Allah (SWT).
Answer
Kindly find below our standard reply on how to perform Nikah.%0D%0A%0D%0AThere is no need for you to travel anywhere to have your Nikah performed.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AA Nikah is performed with a proposal (Iejaab) by the male or female and%0D%0Aacceptance (Qubool) by the male or female in the past tense and in the%0D%0Apresence of two male Muslim witnesses (Hidaaya vol. 2).%0D%0A%0D%0AIt is Sunnat that the marriage be announced and performed in the Masjid and%0D%0Athe bride be represented by her Mahram (father, brother, etc.). The bride%0D%0Agives consent to her representative (Wakeel) in the presence of two%0D%0Awitnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel%0D%0Arepresents the bride in the presence of the two witnesses and the stipulated%0D%0Adowry. The witnesses must be two trustworthy and pious male Muslims who are%0D%0Anot her ascendants e.g. father, grandfather or decendants e.g. son,%0D%0Agrandson, etc.%0D%0A%0D%0AThe Mahr (dowry) is the woman's right and should be stipulated prior to the%0D%0Amarriage.%0D%0A%0D%0AThe procedure of marriage via the internet is same as marriage by proxy%0D%0Awhere one of the partners (boy or girl) propose to marry the other. It is%0D%0Aadvisable that the proposal be written in front of two persons. However,%0D%0Athis is not a precondition. (Shaami vol.3 pg.12; HM Saeed)%0D%0A%0D%0AThe two witnesses should also sign the document be sent to the other party,%0D%0Afor example, in a foreign land and accept the written proposal in the%0D%0Apresence of two witnesses. The presence of these two witnesses is a%0D%0Apre-condition. It is important to exercise extreme precaution by verifying%0D%0Athe proposal and its witnessing to avoid any possibility of fraud and%0D%0Adeception.