Conditions for a valid Nikaah
بســـم اللــه الرحــمــن الـرحـــيــم
Our Shaykh, Muhammad ibn Hizaam -may Allaah preserve him- was asked the following question:
📩 Question:
A man was determined on marrying his cousin, so his father went to his uncle, and they came to an agreement and paid the dowry there and then, without him seeing the wife-to-be or going to the official authorities (marriage clerk). So is the marriage valid?
📝 Answer:
A valid marriage requires:
(1) the wife's consent
(2) a guardian (wali) to marry her off
(3) and the husband’s acceptance.
The Prophet ﷺ said:
“There is no marriage except with a wali (gaurdian).”
[Reported by Ahmad and Abu Dawud on the authority of Abu Musa Al-Ash'ari, may Allah be pleased with him]
And he ﷺ said:
“Any woman who marries without her guardian’s permission, her marriage is invalid.”
Likewise, it's necessary that she consents to the marriage, due to the saying of the Prophet ﷺ:
“A virgin should not be given in marriage except after her permission, and a matron (previously married woman) should not be given in marriage except after consulting her.”
So it's not permissible to marry a woman off forcefully, otherwise the marriage is invalid; if she didn't consent to it.
As for the pre-marriage meeting, no doubt it's better they see one another beforehand, but it's not a condition for the validity of the marriage.
Similarly, the man must not be forced into accepting the marriage if he hasn't seen her. He doesn't have to accept, nor should he rush into the marriage unless he has already seen her.
And as for having the marriage officiated by "a marriage clerk", then this is also not a condition. But it is better to validate & certify everything by having a person of knowledge officiating the marriage; because he can tell if all the terms and conditions have been met.
📩 Question:
What if the man's father accepted the the marriage without his knowledge, is this marriage valid, or not?
📝 Answer:
The marriage is invalid, unless the man himself accepts and authorises his father to go ahead with it. He has to say, "I have given you authority to stand in for me." If the father had acted from himself, the marriage is invalid. Likewise, if the man is only informed and come to accept after the marriage contract has already been initiated, they would have to redo the marriage contract.
📩 Question:
What if a righteous man proposes to the woman and the father accepts his proposal, but the woman herself refuses, saying, she doesn't want someone practicing?
📝 Answer:
He can't force her to get married to him, but he can prevent her from marrying an immoral and disobedient man. So he will have to keep her under his care until he marries her off to someone who she is satisfied with. He mus'nt force her to get married to anyone, but he should admonish and advise her to marry someone practising, until she agrees -insha Allah-.
📩 Question:
Many people marry their daughters off without their consent?
📝 Answer:
It is not permissible, as we've already mentioned, due to the Hadeeth of Abu Hurairah in Bukhari and Muslim, as well as the Hadeeth of Ibn Abbas with a similar wording, and it has also come from 'A'ishah, that the Prophet ﷺ said:
“A virgin should not be given in marriage except after her permission, and a matron should not be given in marriage except after consulting her.”
This means, you must ask a virgin woman for her approval before marrying her off. The Prophet ﷺ was asked, and how is her approval? He ﷺ said:
"Her silence is her approval."
As for 'consulting the matron', this means: a previously married woman is requested to speak and verbalise her consent. As for the virgin, then her silence is sufficient.
Therefore, if a woman is married off forcefully, the marriage is void, unless she concedes.
It is proven in Sahih Al-Bukhari on the authority of Khansaa', the daughter of Khidam, that her father married her off without her consent, so she complained to the Prophet ﷺ, and he ﷺ denounced the marriage.
We said, unless she concedes, i.e. the marriage becomes valid if she accepts afterwards, due to the Hadeeth of Buraidah, and it has also come from Ibn Abbas; although what's correct is that it is mursal to 'Ikrimah, that a virgin woman came to complain about her father; who had married her off without her consent, so the Prophet ﷺ left the decision to her, and so she conceded and accepted the marriage.
So if a woman concedes and changes her mind about the marriage (even though she didn't consent to it initially), it is still valid. But if she doesn't concede and is resolute on her decision not to go ahead, then the marriage is invalid.
Some people are not mindful of Allah, so they marry the woman off forcefully, then eventually, after a few days, problems arise and they become separated.
But if the woman accepts the marriage afterwards - even though her father initially forced her into getting married, if she concedes and obeys her father in this, the marriage is valid.
__________
Translated by:
Abu Ishaq Muhammad Ibn Ahmad Ba Alawi
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