Question:
I am 20 and have loved a boy and we both wanted to get married. His family had no objections. However, my family did not approve, giving reason that we are not from same family background (tribe). We made Nikah without informing our families so as not to commit the sin of being together without Nikah. Is this Nikah valid, considering the fact that I did not have the consent of a Wali? We are not living together, but meet often, is this correct? Or is it my husband’s right that I move to his house? Is it permissible to ask (or put certain conditions or request a promise) that one’s husband should not make Nikah with any other woman, although it is permissible for him to get married up to 4 times?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Hanafi school of thought, an adult female has an independent right to marry a person of her choice. While we discourage marriages in secret and without involvements of parents, if an adult female chose to marry without informing her parents, the marriage will be valid. When the parents find out, they may object on grounds of Kafa’at(compatibility). The Fuqaha (jurists) have discussed the issue of kafa’at in detail.
When a marriage takes place, both spouses are obligated to fulfill their marriage obligations to each other. If the husband demands his wife be with him, the wife will have to fulfill the demand of the husband.
If a woman puts a condition that the husband must not take another wife and if he agrees to that, he will have to abide by that condition.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.
Idealwoman.org
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