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Posted By Topic: Is the marriage valid?

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ummu`Isa
02-24-2004 @ 4:36 AM    Notify Admin about this post
ummu `Isa Haneefa bint D. Moses (Atl, GA.)
Member
Posts: 11
Joined: Sep 2002
          
as salaamu 'alaykum wa rahmatullaah-

A brother who was born Muslim married his wife (who is also Muslim) through the courts instead of having a nikaah. He wonders if his marriage is valid.

ummu `Isa Haneefa bint Darrell Moses

"ya hayyu ya qayyum bi rahmatika astagheethu aslihli shanee kullahu wa la takilnee ilaa nafsee tarfata `ayn."

abu.naimah.shamsuddi
02-27-2004 @ 2:01 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
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Posts: 132
Joined: Dec 2002
          
salamu alaikum wa rahmatullah;

For the purpose of clarification, can I assume that you're referring to a wedding for two Muslims in the non-Muslim courts and peformed by a non-Muslim?


Abu Na'imah Shamsuddin

ummu`Isa
02-27-2004 @ 4:47 AM    Notify Admin about this post
ummu `Isa Haneefa bint D. Moses (Atl, GA.)
Member
Posts: 11
Joined: Sep 2002
          
wa 'alaykum salaamu wa rahmatullaah-

na'am.

ummu `Isa Haneefa bint Darrell Moses

"ya hayyu ya qayyum bi rahmatika astagheethu aslihli shanee kullahu wa la takilnee ilaa nafsee tarfata `ayn."

abu.naimah.shamsuddi
02-27-2004 @ 5:15 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
Member
Posts: 132
Joined: Dec 2002
          
Al-Hamdulillahi Ta'Ala wa salatu wa sallamu 'ala Rasulullah

Amma ba'd;

Wa alaikum salam wa rahmatullah;

Suratu Ma'idah [5] ayat 50:
" Do they then seek the judgement of [the days of] ignorance? And who is better in judgement than Allah for a people who have firm Faith."

And Allah knows Best.

Insha'allah, I would by way of naseehah, encourage that couple to seek out the People of Knowledge concerning that situation, their Deen and for their own souls. Perhaps, insha'allah, when some of the knowledgable people of this website get this information they too will give more advice for those Muslims who maybe in a similar situation.

In the USA many of the Islamic Centers will not perform even a nikah without the couple first getting "a marriage license" from the County they live in, then they will perform it in the Center [i.e. masjid]. " Do they seek the judgement of [the days of] ignorance?"

Abu Na'imah Shamsuddin

ummu`Isa
02-27-2004 @ 5:40 AM    Notify Admin about this post
ummu `Isa Haneefa bint D. Moses (Atl, GA.)
Member
Posts: 11
Joined: Sep 2002
          
as salaamu 'alaykum wa rahmatullaahi wa barakaatuh-

Baarakallaahu feek for the naseehah. This question (and more to come, insha'Allaah) are actually being asked from Muslims who are in prison and I was asked to pose these questions for them hoping that some of the du'aat will answer them, insha'Allaah. So if any of them read this I hope that they will try to help these brothers, insha'Allaah.

Jazaakullaahu khayr bro. abu Na'imah for your reply.


ummu `Isa Haneefa bint Darrell Moses

"ya hayyu ya qayyum bi rahmatika astagheethu aslihli shanee kullahu wa la takilnee ilaa nafsee tarfata `ayn."

abu.naimah.shamsuddi
02-27-2004 @ 11:26 AM    Notify Admin about this post
Abu Na'imah Shamsuddin Abdul-Hakim ib (Rochester,NY, USA)
Member
Posts: 132
Joined: Dec 2002
          
Wa alaikum salam wa rahmatullahi wa barakatuh;

Hamdulillah, may Allah reward you for assisting those incarcerated.

The incarcerated Muslims sometimes marry in prison and are more or less forced to have their marriages performed by methods that are only recognized by the non-Muslim state/government prison authorities.

In NY state, there are Muslim co-ordinators [hired by the state] and they are sometimes compelled to register an Islamic nikah with the county, if they are recognized as having been given authority by the non-Muslim state and the sanctioning of an Islamic authority to perform a nikah.

There have been instances were the nikah contract & certificate [performed by Muslim representatives] have been recognized by the courts in the USA and various other county, state & federal institutions. Each situation largely depended upon individual exertion to assure the recognition of the Book of Allah and the Sunnah of Rasulullah [sallallahu alaihi wa sallam], all victory is from Allah Ta'Ala
and none shares with Him.

Now, it seems, your question may change... Is an incarcerated Muslim who is compelled to marry while in prison and the only accepted authority by the prison admistration are other non-Muslim officials, is this an acceptable marriage?   Is a marriage between two Muslims, performed by a non-Muslims valid?

Will the Shari'ah [i.e. The Book of Allah, the Sunnah of Rasulullah [sallallahu alaihi wa sallam], statements from the Ulamaa qualified] accommadate these situations?

  "The decision is for none but Allah. He has commanded you worship nonebut Him, that is the right religon, but most men know not." [Sura 12 ayat 4]

Insha'allah, may Allah, Azza wa Jall, aid the Believers with the correct answer, and this question gets referred to the People of Knowledge, Ameen.

Abu Na'imah ShamsuddinText

This message was edited by abu.naimah.shamsuddi on 3-5-04 @ 12:03 AM






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