Monday | 11 November 2019 | 14 Rabiul-Awal 1441

Fatwa Answer

Question ID: 687 Category: Business Dealings
Nikah Without Permission/Presence of Wali

Assalamoalaikum,

 
I cam across your website on a central mosque page about the permissibility in the Hanafi fiqh of nikkah without the wali's presence and it recommended that people get in touch about their specific circumstances.
 
My fiance and I have been engaged for about a year. We both wanted the nikkah to happen much earlier but his family has cultural concerns etc that we tried to rationalise but haven't been able to (we being us the couple and to an extent my parents). We already have a relationship that can by no means be considered halal and are certain that any more time like this will lead us to commit zina. In light of this, we wish to conduct our nikkah now then one later in December for the families' benefit.
 
I realise that the Hanafi position maintains that nikkahs should be publicised and obviously wish we were not in a position where we were considering a secret nikkah just a few months before our actual wedding. Unfortunately these are the circumstances.
 
I wanted to ask that if we now try to go ahead with nikkah, what is it that we need to arrange? Just an imam and two male witnesses? I'm in Pakistan so am expecting resistance from local imams on the matter (understandably). Are there any resources you could point me to?
 
Jzk

الجواب وبالله التوفيق      

When an adult and sane male and female, in the presence of two adult and sane Muslim men as their witnesses, perform their Nikah, then from a Shar‘ai standpoint, this Nikah is considered officiated. However, there are other etiquettes and conditions for a Nikah, and announcing one’s Nikah openly is one of those conditions. As a result of fulfilling this condition, people in general are informed that this relationship is a result of the Nikah, otherwise there is possibility of it leading to distrust and leading others astray. The action of hiding Nikah is against the outlook of Islam as it is a source of many evils and adulterations. Therefore, the Islamic Shari‘ah has depreciated secrecy in performing Nikah. Try to resolve the family issues and use restrain and be patient until then.

Your statement regarding “any more time like this will lead us to commit zina”, the possibility of that happening is because of the fact that you must have been maintaining some type of contact with your fiancé and as a result of further delay you will get involved (nauzubillah) in such a heinous crime. May Allah Subhanahu Wa Ta‘ala protect you. Nonetheless, you should understand the fact that just due to an engagement, it is incorrect for you to keep any relation or any type of contact until the Nikah is performed. The woman is considered a stranger for the man until the Nikah is performed, and subsequently the rulings applicable to a woman who is a stranger become applicable in your situation as well. Just because a woman is someone’s fiancé, being in contact with him does not become correct.

Therefore, be careful and cautious regarding this issue, InshahAllah, you will remain safe from the acts you are fearing and anticipating. In addition, try to convince your families and elders for performing your Nikah as soon as possible.

 

عن عائشہ ؓقالت قال رسول اللہ صلی اللہ علیہ وسلم اعلنوا النکاح واجعلوہ فی المساجد الخ  

(کتاب النوازل ،ص 62، ج8 بحوالہ سنن ترمذی)

(عن نافع مولی ابن عمر یقول لیس فی الاسلام  نکاح السِّر(کتاب النوازل ص 63، ج8 بحوالہ مصنف لابن ابی شیبۃ

واللہ اعلم  بالصواب