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In the Name of God بسم الله

Is A Marriage Valid?

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As salamu alaikum sisters!

I have a question. My friend became a muslim and she " got " married to a shia man. She was not virgin before and she heard that if she is not, she doesn't need any wali etc. So her husband took a paper, wrote something in arabic and she signed it. She got her mahr but they had no any witnesses and no sheikh. Just her husband and her. She asked me if this marriage is valid, i said i will ask here because im not a sheikh. She is new in islam (even not shia). Is this marriage valid or they need to repeat it with sheikh? Her family doesn't know about this marriage because they would never accept an Arab man in her family. 

Btw, it was not mutah, it was nikah. :) 

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You don't need witnesses to a marriage in Shia fiqh.  As long as the formula was properly recited and both parties understood the agreement, the marriage is valid.  I don't think a written paper is required or valid alone without recited agreement, but perhaps a more knowledgeable brother or sister can confirm this.

 

Keeping a marriage secret is makrooh and will probably lead to all kinds of problems.  I hope they are able to come out of the closet soon.

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You don't need witnesses to a marriage in Shia fiqh.  As long as the formula was properly recited and both parties understood the agreement, the marriage is valid.  I don't think a written paper is required or valid alone without recited agreement, but perhaps a more knowledgeable brother or sister can confirm this.

 

Keeping a marriage secret is makrooh and will probably lead to all kinds of problems.  I hope they are able to come out of the closet soon.

Yes he is shia but if a girl is sunni? Does it make a difference? Thank you for your answer.

Edited by Amna_
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Salam! :)

I think, Sunni need witnesses for a marriage to be valid (an no witnesses for a divorce), Shia marriages are the opposite - no witnesses for marriage, but for divorce. So, it depends on what kind of nikah they agreed on? You said that she's sunni, so I don't know...

And don't they need a Sheikh or someone to read their nikah? Lol, I don't know much about marriages, yet, so just asking :P

Wa salam.

Btw: As far as I know, in Shia fiqh to refuse a potential proposal for your daughter because the man is Arab is considered un-islamic and thus, the objection isn't valid. Correct me if I'm wrong :)

Edited by Noor al-Batul
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Yes, sunni need witnesses but her husband said this is a good way. We are confused now because she is sunni, he is shia.. She asked on sunni forum and they said this is invalid and i said to her i will ask here. She doesn't know what to do now. Her family is against Arabs but she says she can decide about her life because she is European and they will accept one day. :)

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Yes, sunni need witnesses but her husband said this is a good way. We are confused now because she is sunni, he is shia.. She asked on sunni forum and they said this is invalid and i said to her i will ask here. She doesn't know what to do now. Her family is against Arabs but she says she can decide about her life because she is European and they will accept one day. :)

 

Yes, for a marriage to be valid in Sunni fiqh there have to be witnesses.  Of course her Sunni friends will say it's not valid.  Just how Sunni is she?

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How sunni? She believes in all sunni things but she accept that he is shia. Her sunni friends told her that this marriage is invalid but shia says to her it is valid. She is confused but the problem is- we don't know any shia imam in Poland.

Edited by Amna_
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How sunni? She believes in all sunni things but she accept that he is shia. Her sunni friends told her that this marriage is invalid but shia says to her it is valid. She is confused but the problem is- we doesn't know any shia imam im Poland.

 

Having witnesses does not invalidate a Shia marriage.  Why not just take the simple solution and ask her husband to pronounce the marriage in front of a couple of his friends or family as witnesses, so that it is acceptable to your Sunni friend and her coreligionists?  Or do Sunni require that the marriage be pronounced by an imam?  That should be simple enough to accommodate, and wouldn't invalidate the marriage either.

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@ OP : if they done the act of nikah recited sigah themself then there is some conditions .. depends on there Marja they are following.

 

I saw in Ayatullah Sistani website :-

 

2380. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.

 

Source : http://www.sistani.org/english/book/48/2346/

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As salamu alaikum sisters!

I have a question. My friend became a muslim and she " got " married to a shia man. She was not virgin before and she heard that if she is not, she doesn't need any wali etc. So her husband took a paper, wrote something in arabic and she signed it. She got her mahr but they had no any witnesses and no sheikh. Just her husband and her. She asked me if this marriage is valid, i said i will ask here because im not a sheikh. She is new in islam (even not shia). Is this marriage valid or they need to repeat it with sheikh? Her family doesn't know about this marriage because they would never accept an Arab man in her family. 

Btw, it was not mutah, it was nikah. :)

according to Sunni Fiqh the only solotion for her is to reestablish the marriage in front of at least two witnesses.

here some Arabic and English web site provide it,

http://www.askimam.org/public/question_detail/18263

 

i hv asked the question before but u didnt reply.please sure reply me this time.is nikah valid without any wittness but quran,as the boy n girl made nikah by keeping their hands on quran and do aijab o qabool as in islam.also befor aijab o qabool they read 1st ruku of the holy quran together and take quarn as wittness.is it valid please tell me.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

The presence of at least two witnesses is a condition for the validity of a nikāh.  It is not valid to take the Qur’ān as a witness.  Therefore, the nikāh is not valid.

@ OP : if they done the act of nikah recited sigah themself then there is some conditions .. depends on there Marja they are following.

 

I saw in Ayatullah Sistani website :-

 

2380. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.

 

Source : http://www.sistani.org/english/book/48/2346/

dear friend,

the Sunni part should apply her own method of authenticity..

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(salam)

i disagree marriage shia and sunni :mellow:  this wrong ! for their diffrence , one must convert to other religion !

you may disagree, but Fiqh is not a matter of preference. :)

our Maraji validate it.

in most cases it could be counting as an introductory paving ground for a person to become Shia.

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Don't be offended, sister, I'm sure they didn't mean to upset you ;)

Hm, well, from what I gathered, they didn't thought this marriage through, did they? Your friend should have contacted a scholar and her husband his marja to clarify this. And they didn't recite nikah? How can they be married without reciting nikah? I'm most definitely sure that this a requirement (don't even know if back then, they had contracts in the meaning of what we uneerstand today...)

If she wants to remain Sunni and it's important for you to have witnesses, I suggest that they find two reliable people (maybe you as a friend?) then do this nikah properly, again (maybe with a scholar/sheikh present).

Are there more differences in Sunni-Shia marriages? I wonder how others manage it...

Wa salam.

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She doesn't want to be shia and why she should be if she doesn't like. Her husband accepts her and she has free choice. They didn't recite nikah. He just said to her what is there and thats all.

 

Salam.  If the seegah(marriage formula) was pronounced correctly and other conditions are met, the marriage is valid. If she follows Sunni fiqh, then I believe according to all different branches of this fiqh witnesses are required for marriage. So according to that fiqh, it is not valid. So if she wants to remain a follower of that fiqh, and she wants marriage to be valid (according to that fiqh), they would need to repeat the marriage with witnesses. 

Edited by Abu Hadi
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I wish i could be her witness but i think it must be a man? Ni, im not angry sis. :)

As she told me he just said to her what is written there but she didn't recite anything. He is Arab, she is not so they thought she doesn't need to recite anything? Is that wrong?

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