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Marriage questions answered by scholars

Each day we pick one question about nikah and married life that a qualified mufti has already answered, and summarise it in a few lines. Every summary links to the full answer at its source.

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Question of the day

Divorce

After three divorces long ago, may the former wife keep living in his house, and does she have any claim to support or property?

A man said he gave his wife three written divorces about nineteen years ago, yet she still lives in his own house and refuses to leave, and he asked whether this is permissible, whether he must house or support her, and whether she has any right to his property. The respected scholar Muhammad Yaqoob Ali answered that three pronouncements end the marriage for good in the major category known as hurmat-e-mughallazah, so the written divorces took effect long ago. Once the waiting period is over she is legally a stranger to him, which means he owes her neither maintenance nor accommodation, and she gets no share in his property merely because of the former marriage. Her insistence on staying and claiming his property is therefore not permissible and she should stop. The answer rests on classical Hanafi works including Fatawa Hindiya and Badai al-Sanai, and it does not discuss his sons or any court procedure.

Answered by Muhammad Yaqoob Ali, Darul Ifta Jamia Binoria AalamiaFatwa #100332Summarised on Nikkup

Read the full fatwa on OnlineFatawa.com

This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Divorce

    After three divorces long ago, may the former wife keep living in his house, and does she have any claim to support or property?

    A man said he gave his wife three written divorces about nineteen years ago, yet she still lives in his own house and refuses to leave, and he asked whether this is permissible, whether he must house or support her, and whether she has any right to his property. The respected scholar Muhammad Yaqoob Ali answered that three pronouncements end the marriage for good in the major category known as hurmat-e-mughallazah, so the written divorces took effect long ago. Once the waiting period is over she is legally a stranger to him, which means he owes her neither maintenance nor accommodation, and she gets no share in his property merely because of the former marriage. Her insistence on staying and claiming his property is therefore not permissible and she should stop. The answer rests on classical Hanafi works including Fatawa Hindiya and Badai al-Sanai, and it does not discuss his sons or any court procedure.

    Answered by Muhammad Yaqoob Ali, Darul Ifta Jamia Binoria AalamiaFatwa #100332Summarised on Nikkup

    Read the full fatwa on OnlineFatawa.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Would a nikah with a Christian woman who accepts his conditions be valid, and is it advisable?

    A man asked whether his nikah would be valid with a woman from his workplace who was raised Buddhist, became Christian five years ago, and agrees to no alcohol or pork at home, halal food only and a Muslim upbringing for the children. The respected scholar known as the Ifta Research Fellow, with the answer checked by Mufti Abdul Rahman Mangera and Mufti Zubair Patel, replied that the nikah would be valid if she is Christian in her own belief and not merely through her parents, and that her earlier Buddhism does not change this. The answer adds that marrying a Christian woman while living in a non-Muslim country is makruh tahrimi, a grade it describes as close to haram. It warns that promises made before marriage can be hard to keep, for example the home may later drift on alcohol, and that couples often disagree about raising children once they arrive. It notes that if the couple separate the children may end up raised outside Islam, so it does not recommend this marriage.

    Answered by Ifta Research Fellow, FatwaCentre.org (via IslamQA.org)Summarised on Nikkup

    Read the full fatwa on IslamQA.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Is it permissible to scatter dates over the guests at a nikah?

    The asker wanted to know whether scattering dates over people at a nikah is permissible. Maulana Abid Attari Madani answered that it is permissible, citing a report that the Prophet had dates scattered at some marriages and that Imam Abu Hanifa saw no harm in the practice. The answer says taking the scattered items is fine when the host allows it, and notes that Ibn Abi Layla disliked it on analogy, a view the answer sets aside because of the reports and common custom. It adds two cautions: since nikahs are often held in mosques, doing it there would breach the mosque's etiquette, and dates should not be thrown where they will be trampled or wasted in drains or mud.

    Answered by Maulana Abid Attari Madani, Dar-ul-Ifta Ahl-e-Sunnat (Dawat-e-Islami)Fatwa #FatwaQA-035Summarised on Nikkup

    Read the full fatwa on FatwaQA.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Is it permissible for a Muslim woman to marry a man raised Muslim who does not pray?

    A woman asked whether she may marry a man who was raised Muslim but does not pray. Mufti Ebrahim Desai answered that in choosing a spouse the most important quality to look for is religiousness and good character, and that other considerations come second. The answer reasons that someone who neglects the rights of his Lord is unlikely to fulfil the rights of his wife. It cites the hadith that a woman is married for her religion, wealth and beauty, and advises choosing the one with religion, and it advises against marrying a person who does not pray, because spouses should help each other practise Islam, and the wife may become lax herself. The answer is framed as advice, not a ruling on validity.

    Answered by Mufti Ebrahim Desai, Darul Iftaa MahmudiyyahFatwa #41680Summarised on Nikkup

    Read the full fatwa on askimam.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Is a nikah valid if the officiant never said 'I have given her to you' but asked the groom if he accepted?

    A woman asked whether her nikah is valid, since the officiant told the groom that he had given the bride's name in marriage with her father's permission and a stated mahr, then asked if he accepted, without using the words 'to you'. The respected scholar, an Ifta Research Fellow at FatwaCentre.org, answered that the nikah is valid. The offer was directed at the groom and everyone present understood his reply as acceptance. The answer relies on a statement from Ibn Abidin's commentary that a mistake in naming is harmless when the person is present and pointed to, because pointing identifies someone more reliably than a name. It does not discuss other wordings.

    Answered by Ifta Research Fellow, FatwaCentre.org (via IslamQA.org)Summarised on Nikkup

    Read the full fatwa on IslamQA.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Spouse rights

    May a husband use the money his wife earns?

    The asker wanted to know whether a husband may make use of his wife's earnings. Mufti Fuzail Raza Attari answered that whatever a woman owns, whether inherited, received as mahr or as a gift, or earned by herself, remains hers, and her husband may not use it without her permission, which may be given outright or understood from the couple's usual arrangement. Her earnings can pay for household items with her approval, and he may then benefit from them. The respected mufti also listed five conditions for a woman's work, covering proper covering, modest clothing, not being alone with a non-mahram man, and safety at work and on the way; the answer says that lacking any one of them makes the work impermissible.

    Answered by Mufti Fuzail Raza Attari, Dar-ul-Ifta Ahl-e-Sunnat (Dawat-e-Islami)Summarised on Nikkup

    Read the full fatwa on FatwaQA.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Mahr

    Can a promise to stay punctual in salah for life stand in place of the mahr?

    The asker wanted to know whether a husband's pledge never to miss a prayer for the rest of his life can replace the mahr. Mufti Abu-Muhammad Ali Asghar Attari Madani answered that mahr must be property with monetary value, and being punctual in prayer is not property, so it cannot serve as mahr. If a cash or silver amount of at least ten dirhams was also named, that amount is the mahr; if none was named or it was lower, the wife is owed the mahr of comparable women on her father's side. The respected mufti added that praying on time is obligatory in its own right and that deliberately missing a prayer is a sin.

    Answered by Mufti Abu-Muhammad Ali Asghar Attari Madani, Dar-ul-Ifta Ahl-e-Sunnat (Dawat-e-Islami)Fatwa #Nor-13055Summarised on Nikkup

    Read the full fatwa on FatwaQA.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Divorce

    A husband answers 'You have my permission' when his wife asks for divorce. Is it divorce?

    A man in a marriage of about two and a half years, with frequent arguments, said 'You have my permission' whenever his wife asked for a divorce, and asked whether a divorce had taken place. The respected scholar Azhar Amin answered that, if those were the only words used and he did not intend a divorce, no divorce has occurred and the marriage remains valid. The answer cites classical Hanafi books for the principle that a divorce needs a recognised expression of divorce, and that a similar reply to a wife's request does not count. It also advises the couple to avoid talking or arguing about divorce so they do not regret it later. It does not cover different wording or a case where divorce was intended.

    Answered by Azhar Amin, Darul Ifta Jamia Binoria AalamiaFatwa #99452Summarised on Nikkup

    Read the full fatwa on OnlineFatawa.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Is it permissible to marry in Muharram, and when should the walima be held?

    The questioner asked whether it is allowed to marry in the month of Muharram or on the day after Eid ul-Adha, and whether the nikah and walima may be held on the same day. Mufti Ebrahim Desai answered that Islam sets no prohibition on marrying in any particular month, and Muharram, being one of the sacred months, is a permissible time. The walima is a sunnah meal that is best held after the marriage is consummated. If it is held earlier, it is still valid. The reply does not go into other customs about wedding dates.

    Answered by Mufti Ebrahim Desai, Darul Iftaa MahmudiyyahFatwa #36598Summarised on Nikkup

    Read the full fatwa on askimam.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Mahr

    Can a copy of the Qur'an be given as part of the mahr together with cash?

    A man asked whether he may give a copy of the Qur'an as part of the mahr alongside a cash payment. Mufti Ebrahim Desai replied that mahr may be paid in cash or in kind, so a Qur'an is acceptable. The reasoning is that mahr must be something of recognised monetary value, with a minimum of ten dirhams' worth of silver (about 30.6 grams) and no maximum. The Qur'an therefore counts as long as its value reaches that minimum, and the answer cites classical Hanafi books for the condition that mahr be property. It does not discuss how to value a particular copy.

    Answered by Mufti Ebrahim Desai, Darul Iftaa MahmudiyyahFatwa #45871Summarised on Nikkup

    Read the full fatwa on askimam.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Mahr

    Can a father, or the bride herself, waive the mahr after the nikah?

    The questioner asked whether a father can forgive his adult daughter's mahr, and whether a woman near death can waive it when her heirs ask. Mufti Abu Muhammad Ali Asghar Attari answered that a father cannot waive an adult daughter's mahr, which is waived only if she freely agrees and the husband does not object. The reply also says that a waiver made while terminally ill is not valid by itself and needs the other heirs' agreement.

    Answered by Mufti Abu Muhammad Ali Asghar Attari, Dar-ul-Ifta Ahl-e-Sunnat (Dawat-e-Islami)Summarised on Nikkup

    Read the full fatwa on FatwaQA.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Engagement

    Must a man involve his own family when discussing a nikah with the girl's family?

    A young man wanted to talk about the nikah directly with the girl's parents and bring his own family in only later, so that his plan for a simple nikah would not be overridden. The reply said it is not obligatory to involve his family in every discussion, but that lying or making excuses to delay would not be permissible, and it advised being open with the girl's family about his wishes. It added that the husband must give mahr, while he may choose not to ask for anything in the form of jahez.

    Answered by Ifta Research Fellow, FatwaCentre.org (via IslamQA.org)Summarised on Nikkup

    Read the full fatwa on IslamQA.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Can a bride's guardian demand money for the nikah on top of mahr and dowry?

    The question concerned a custom in some areas where a girl's father or guardian demands a large sum for giving her in nikah, kept separate from her mahr and dowry and taken for himself. Mufti Fuzail Raza Attari answered that demanding and accepting such money is impermissible and haram, because it amounts to a bribe. The reply adds that the person who took it must repent and return the money to the one it was taken from.

    Answered by Mufti Fuzail Raza Attari, Dar-ul-Ifta Ahl-e-Sunnat (Dawat-e-Islami)Summarised on Nikkup

    Read the full fatwa on FatwaQA.com

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Engagement

    Is it permissible to call off an engagement without a valid reason?

    The asker wanted to know whether an engagement may be ended without any particular reason. The reply explained that an engagement is only a promise to marry later, not a binding bond, so a person who made it sincerely and then decides against the marriage may end it, though some scholars regard that as mildly disliked. It added that deliberately promising with the intention of breaking the promise is unlawful, and that gifts given in earnest need not be returned although returning them may be considerate.

    Answered by Shaykh Ikramul Hoque Miah, FatwaCentre.org (via IslamQA.org)Summarised on Nikkup

    Read the full fatwa on IslamQA.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

  • Nikah

    Can non-Muslim relatives enter the masjid to attend a nikah?

    A couple who had both recently accepted Islam wanted the bride's non-Muslim father and another relative to be present at their nikah in the masjid. Mufti Ebrahim Desai replied that non-Muslim relatives may come into the masjid, provided they dress appropriately and respect its sanctity. The answer is about entering the masjid only; it does not discuss whether they can serve as the witnesses of the nikah.

    Answered by Mufti Ebrahim Desai, Darul Iftaa MahmudiyyahFatwa #14528Summarised on Nikkup

    Read the full fatwa on askimam.org

    This is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.

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