Message No : 11Sr.No : 216/725
Question By : Suraiya

(MAULANA) BADRUDDIN AJMAL AL-QASMI
President : MARKAZUL MAĦŻARIF, INDIA

Assalamualaikum Your Eminence,

I need to consult your Eminence urgently on a very pressing matter.

I need to consult the Jamiat regarding my marriage.

My husband hails from Tamil Nadu, India but worked in Saudia for 13 years. We wedded in Holy Haram on 23 January 2003.

Before marriage I repeatedly asked him to arrange for an Imam and 2 male muslim witnesses to be present for our Nikkah. Both him and his Alima niece (an Ustazah) laughed at me for not knowing Islam, and insisted that I do not need the presence of an Imam and 2 male muslim witnesses for our Nikkah.

On my insistence, however, he told me that he had already made the necessary arrangements, and so I flew to Jeddah, and on my arrival, I was delayed, and he told me that the Imam and witnesses had gone home.

We headed for Holy Haram and in front of Holy Haram he took a vow to wed me, no Imam and witnesses, no papers, and repeatedly I asked him whether this is HALAL, and he told me that this is ISLAM'S MOST SACRED PLACE, and nowhere in this world is a marriage more sacred than in Holy Haram.

We had no Imam and witnesses, and NO PAPERS, but sometime later I discovered that he had FORGED A MARRAIGE CERTIFICATE IN INDIA, and strangely enough an Indian Masjid Jamaath in Tamil Nadu, issued such a certificate and all the administrators of the Masjid signed the paper, certifying our marraige with Imam and witnesses present, and held in the Masjid Jamaath itself on a date I was nowhere near India.

I had NEVER BEEN TO TAMIL NADU where this Masjid Jamaath is located.

My husband has abandoned me. I know not what to do now. Also I was told that he is already married in India, and prior to our marriage I repeatedly told him that if he had other wives wherever they may be in this world, then I am entitled to an automatic divorce and he agreed.

My questions are :-

1. Is our marriage valid taking into consideration all the Mahzab? I am a Shafiee and he a Hanafi.

2. Who can I get in touch in India who is responsible for the welfare of all the muslims in India collectively?

I have gone thru great lengths to find him but to no avail. What is to become of me now?

He does not provide for me at all.

Thank You.
Wassallam

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMEC, Mumbai 

(Note: It is highly regretted that the answer of your question could not find you in time, because the organization has been shifted to a new place and it took more than two months to be settled. Pray for the better future of the organization.)

In the name of Allah, All Gracious, All Merciful

Wa Alaikumossalam

Dear Sister in Islam,

The answers to your questions are as follows:

1) A certificate can not prove Nikah if it is not performed in the presence of required witnesses (two matured and sensible Muslim male or one male and two females). The detail stated in the above-question indicates that your husband has the required witnesses to the marriage. Therefore, the marriage will be considered valid if he has the witnesses in real form not only in written form and on the certificate. On the other hand, it is not permissible for you to live with him as a husband and wife without performing Nikah in the presence of the required witnesses. This is because, the presence of witnesses who listen to the Ijaab and Qabul of the couple is necessary for Nikah to be valid. (Raddul Muhtaar Ala Durril Mukhtaar, Published by Maktaba-e- Rashidah Vol: 2 Page: 319)

2) Contact with the Mufti of your locality and discuss about the issue. Contact also with the Chairman of Jamaat in Tamil Nadu if possible.

And Allah knows the best,

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