QUESTION: Assalamu allaikum....
Kya nikha ke waqt.. gaawahon. Ka hona jaroori hai... bina gawah ke shadi ho sakti hai... jaise mera ek dost ne nikha kiya bina apne gharwalon ko bataye... usne do kazi ko laya aur mooh jubani nikha .kar li... na koi gawah ladke ke taraf se na koi ladki ki taraf se.... aur nikah ke waqt nikanama. Nahi site koi document. Jiss main ladka ladki sign kare kaziyon ke samne... kuch waqt ke baad ladkee koi jamaat se nikahnama lakar apne hatton se hi sabka naam likkar... apne hatton se sign kiye... except ladki ka naam aur sign.. is main ek aur. Baat yeh hai ke. Ladke ne ladki Ke abba ka sign khud kiya.. jab ke ladki ke abba. Ka intakal hokar. 10 bhi jyada saal ho rahe hai... and iss haal main nikah jaiz hai...
ANSWER: Wallekum As Salaam!
Already replied to her!
May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path of
Islam as per the Koran for rest of our life.
---------- FOLLOW-UP ----------
QUESTION: Iam not received ur answer... plz forward me again..
I said I replied to her as she questioned with name ' Ali' that am reporducing below:
You answered this question on 03/18/13
Iam in big trouble,,, I want to know below said answer in refrence with quranic and hadith (Islamic sharia),,,,plz provide me answer in easy ways to understand the facts….
plz answer the follwing with yes or no
1. Plz WALI ka difinition do… Kya shaddi ke waqt WALI ka hona jarrori hai ,, ….agar maine WALI ke bine shaddi ki yani sirf do hafiz ko rakhkar ( aur ek gawah jo non muslim hai ) to yeh shaddi sahi hai aur us waqt koi document ya nikanam nahi tha...kuch waqt baad hamne nikanama banaye....us main maine apna aur ladke ne apna sign kiye aur mere walid ke jaga ladke ne apna sign kiya ,,,jab ke mere walid ka intaqal hokar 10 se jyada saal ho rahe hai...
2 Main already divorce hoo aur meri ek beti aur maine jisse shaddi ki woh bhi already married hai.. Humne shaddi bina kisi ko bataye kar li…yani do hafiz aur hum dono,,,,,mere pass shaddi ke documents hai…lekin mere dil main kahin na kahin kuch chubta hai ke hum ne sahi nahi ki kisi ko bin bataye aur jab yeh baat ghar walon ko pata chalenga to beshak bahut problem hoga…jo main nahi chahati hoon…
3 Aur maine jab yeh shaddi ki thi tab meri kuch personal problem thi,jisse mujhe bahar aane ke liye rashta chahaye tha aur mujhe kuch samjh bhi nahi aa raha tha ke main yeh shaddi karo ya nahi,,,,lekin shaddi to marzi se hi thi….aur ab main yeh rishta continue nahi kar sakthi..kyonki main ab aur mere family ko andhere main nahi rakh sakti aur meri beti jo hai shaddi ke umar ki ,,,is rishtey se uske zindagi par asar na ho…
4 Kya main Talaq le sakthi hoo…..agar haan to uska procedure kya ..kyonki mere husband India main hai last 2 saal se…kya internet, phone,mail se talaq ho sakta hai…kya ek hi waqt talaq le sakte hai ...agar mere husband Talaq ke liye taiyar nahi to kya main une talaq de sakthi…agar haan to uska tafsil bataye….
Wallekum As Salaam!
1 & 2)The intentions matters most but at the same time for society the marriage contract is
The witnesses, nikanamma & a public banquet on marriage occasion is not to please the Almighty
Allah but for one's own safety in case of any eventualities in future.
As far as niakanamma is concerted it is not valid but since both of you married with intentions
to help each other, then it is valid even with a non Muslim witness.
Yes, what you both did is wrong as marriage is not just an act of convenience or to solve one's
problems that every one come across at some point or other in life.
2) Since, you married for some convenience and to solve some problems that you faced at that
point of time only you and the Almighty Allah is aware of, but it is very much wrong on both of
you not to keep your beloved ones informed.
3) If both of you now decides to get divorced, then you can immediately arrange for same with a notice from your husband in India to divorce you due to not being able to discharge his responsibilities as a husband financially and emotionally.
Since the divorce is mutual, you can accept that divorce notice and also agree to forgo alimony
to end this marriage one for all. Yes, a wife can seek divorce through 'Khula' in case husband
doesn't want to divorce her.
Since both of you related to each other before marriage, my advise during your immediate next
visit, get this sorted out through a documented divorce from the same source where your husband
obtained the nikanamma.
That's the only advise I can give based on what ever you have disclosed in your question.
And it is better, that your beloved ones are informed as am sure if your reasons were genuine
to get married and now to divorce, they will definitely understand and forgive you.
Further, be steadfast in salat, zakat and fast to lead a righteous life and every night before
going to bed seek the Almighty Allah's forgiveness for this act in prostration posture.
May the Almighty Allah have mercy on us to forgive our sins and guide us all to the true path
of Islam as per the Koran for rest of our life.