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I got tricked in saying the words of nikah

Shortened Question:

I got tricked in saying the words of nikah, is my nikah valid?

Question:

Assalamaualaikum Respected Ullema.

I will get right into the question inshAllah, it is regarding Nikkah. I will narrarate the events as they took place and according to the girls (whos nikkah is in question) prespective.

A girl for many months was being pressured from her mother and sister to marry a guy that she had no interest in. For months on end, she continued to reject him everytime her mother brought up his name and made it very clear to her family that there is no way that she will be with him. The mother however did not listen and she continued emotionally blackmailing her day and night. The girl states that the first thing she would hear in the morning is talk about this potential nikkah and before she went to sleep as well. This was the only thing her mother spoke to her. The weeks continued and as continued rejecting the guy her mother wanted, the emotional blackmailing (f.x. her mother would say, i will die if you dont do this, you will be reason to my death) turned into verbal and physical abuse. Moving on, i will like to bring focus to a specific night where the older sister of this girl called her to her store. It was 2 am at night time her sister told her to wear shalwar kameez because they will make duah from there peer in India. The girl was clearly lied to and as she got ready and came out for duah her sister called in the guy and told her sistrer that we will do your nikkah now. The girl RIGHT THERE AND THEN rejected the idea and said i will not do nikkah with him. The sister began to emotionally blackmail to her and lie saying such things as, “your mother will die if you dont, your dad is sick her will also die if you dont”. The girl then said to her sister that atleast give me a week to think about it as i am not ready for this. her sister ignored her statements and she phoned some random guy in India. The person over the phone asked the older sister if the girls father is aware of this and she lied and said yes. Reality was that her Father was not even in America and her Mother was at home sleeping, she also was not aware anything was happening so sudden and uncalled for. The guy who is a friend of the older sister he brought along with him two friends as witnesses, and not a single soul from his family was also aware of what he was doing. Continuing on, the girl mentions that her sister tricked her by saying we are making duah and had her repeat the words of qubool behind the person over the phone in india. The girl clearly admits that her heart was not accepting of this nikkah, she also mentions that she DID NOT EVEN KNOW THE MEANING of the words being uttered (as they were in arabic) . After this quick show, the sister and guy began congragdualting her and she states that even afterwards she told them that she is not in nikkah and did never accepted it. The confusion for us is due to the fact that the conditions for nikkah were met (for the hanafi school atleast) and the ihjaab and qubool were uttered. HOWEVER, the girls admits she was tricked into doing so, she did not understand even what she was repeating, none of the two parties parents had any knowledge of the “nikkah” , and that she did not accept the nikkah. SHe rejected the idea months before, as well as that night, as well as the day after. My question is weather this nikkah was valid? will it be possible to rule this in the ruling of a nikkah of a sleeping person? for the fact she did not even know, and was tricked into doing so, at 2 am in the night?
The girl since has ran away from her home, as her family began to get physically abusive and did not give her even a second to hear what she has to say or what she wants. THey began giving her different pills and medicine and taweez to make her accept it but she did not. She wrote a note before leaving home informing that she was forced and tricked into doing the nikkah and that she can never be with that guy. She then came to our home, did court marriage with me (who has known her for five years) and islamic nikkah and has been living with us since. She never accepted her nikkah with that guy, but her family continues to badnaam her and curse her and tell her she is in nikkah . These events have been very traumatizing and stressful for us and we seek your guidance in helping her solve this issue and explain to the family that forced/tricked nikkahs are not valid in Islam. Please shed some light on this masala for us, and if i can please request this question be asnwered by MuftiSaab himself. If not, then its totally fine, we are looking for an answer asap inshallah jazkallahukhair wsalam.

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

This is how you explain the events of the night in reference. The elder sister called the younger sister to her store at 2 am. The boy and two witnesses were present. When the elder sister told the younger sister that her nikah will be performed, the younger sister immediately rejected. She even asked for a one week grace period. The elder sister telephoned a person who made the younger sister say the words qubool.

According to Shari`ah, a nikah takes place when there is a formal proposal (ijab) made by one party, for example the boy proposes to the girl to get married. The other party, for example the girl agrees to get married[1]. These exchanges takes place in the past or present tense[2] in the presence of at least two witnesses[3].

In the enquired situation, there were many flaws that render the nikah invalid. There was no ijab (proposal) from the boy to the girl to get married. His mere presence does not fulfil the role of ijab[4].

Furthermore, when the elders sister told her that the nikah will be performed, she immediately rejected. In the absence of ijab and clear rejection to the performance of nikah, the qubool is insignificant. That is beside the point that the girl repeated the qubool in the context of dua and not in the context of accepting a formal and clear marriage proposal[5].

It is abundantly clear that the nikah was not valid. Who conducts a nikah 2 am in a store?  Nikah is a sacred institution and should be given the desired respect. All the people involved in the invalid nikah are guilty of oppression and deception. They should make tauwba and istighfaar for their irresponsible behaviour.

If you performed a proper nikah with her, then your nikah with her is valid.

 

And Allah Ta’āla Knows Best

Hafizurrahman Fatehmahomed

Student Darul Iftaa
Netherlands

Checked and Approved by,
Mufti Ebrahim Desai.

[1]

لسان الحكام (ص: 315)

وَفِي الْهِدَايَة وَينْعَقد بالايجاب وَالْقَبُول بلفظين يعبر بهما عَن الْمَاضِي لِأَن الصِّيغَة وَإِن كَانَت للإخبار وضعا فقد جعلت للإنشاء شرعا دفعا للْحَاجة وَينْعَقد بلفظين يعبر بِأَحَدِهِمَا عَن الْمَاضِي وبالآخر عَن الْمُسْتَقْبل مثل أَن يَقُول زَوجنِي فَيَقُول زَوجتك لِأَن هَذَا تَوْكِيل بِالنِّكَاحِ وَالْوَاحد

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 9)

 فَقَوْلُهُ: وَيَنْعَقِدُ أَيْ النِّكَاحُ أَيْ يَثْبُتُ وَيَحْصُلُ انْعِقَادُهُ بِالْإِيجَابِ وَالْقَبُولِ (قَوْلُهُ: مِنْ أَحَدِهِمَا) أَشَارَ إلَى أَنَّ الْمُتَقَدِّمَ مِنْ كَلَامِ الْعَاقِدِينَ إيجَابٌ سَوَاءٌ كَانَ الْمُتَقَدِّمُ كَلَامَ الزَّوْجِ، أَوْ كَلَامَ الزَّوْجَةِ وَالْمُتَأَخِّرَ قَبُولٌ ح عَنْ الْمِنَحِ فَلَا يُتَصَوَّرُ تَقْدِيمُ الْقَبُولِ، فَقَوْلُهُ: تَزَوَّجْت ابْنَتَك إيجَابٌ وَقَوْلُ الْآخَرِ زَوَّجْتُكهَا قَبُولٌ خِلَافًا لِمَنْ قَالَ إنَّهُ مِنْ تَقْدِيمِ الْقَبُولِ عَلَى الْإِيجَابِ وَتَمَامُ تَحْقِيقِهِ فِي الْفَتْحِ

[2]

اللباب في شرح الكتاب (3/ 3)

النكاح ينعقد بالإيجاب والقبول، بلفظين يعبر بهما عن الماضي، أو يعبر بأحدهما عن الماضي وبالآخر عن المستقبل،

[3]

اللباب في شرح الكتاب (3/ 3)

ولا ينقعد نكاح المسلمين إلا بحضور شاهدين حرين بالغين عاقلين مسلمين أو رجلٍ وامرأتين، عدولاً كانوا أو غير عدولٍ

[4]

المحيط البرهاني في الفقه النعماني (3/ 194)

إذا لقنت المرأة بالعربية حتى قالت: زوجت نفسي من فلان وفلان حاضر فقبل وكان ذلك بمحضر من الشهود إلا أن المرأة لم تعرف أن هذا تزويج والشهود يعرفون أنه تزويج فقد قيل بأن النكاح ينعقد، وهذا القائل يقيس النكاح على الطلاق فإن الرجل إذا قال لامرأته: أنت طالق وهو لا يعرف أن هذا تطليق، أو قال لعبده: أنت حر وهو لا

يعلم أن هذا تحرير يقع الطلاق والعتاق، وقيل إنه لا

ينعقد لأن النكاح معاوضة وتمليك، وفي المعاوضة والتمليك يشترط على المتعاقدين بمعناه كما في البيع والإيجارة وغير ذلك.

اللباب في شرح الكتاب (3/ 8)

(وينعقد نكاح) المرأة (الحرة البالغة العاقلة برضاها) فقط، سواء باشرته بنفسها أو وكلت غيرها

[5]

المجلة – مجلة الاحكام العدلية، ص507

إنَّ النكاح إنما ينعقد بلفظيْ الانكاح و التزويج أو ما يقوم مقامهما في اللغات الاخري من الافاظ اللتي يفهمهما العاقدان و الشهود،

تقريرات الرافعي حاشية ابن عابدين، ج8، ص55، دار الثقافة و التراث

و لايشترط العلم بالمعني ، سواء كان عربيا او عجميا، و سواء علماء أنه ينعقد به النكاح أو لا، و هذا قضاءً، و أما ديانة فيلزم العلم)) و في “العمادية”: ((لايصح عقد من العقود إذا لم يعلم معناه،)).

 

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