Fatwa: # 17227
Category: Marriage
Country: South Africa
Date: 23rd October 2008

Title

A 20 yr old girl has performed a nikah 7 months ago with the father and grand farhers being the witness and rep.A mahr of R8500 cash was paid. Walima took place a month later.

Question

A 20 yr old girl has performed a nikah 7 months ago with the father and grand farhers being the witness and rep.A mahr of R8500 cash was paid. Walima took place a month later. The boy was her choice, a good pious boy. BUT now alledges to have performed a secret nikah at university in front of two witnesses about 17 months ago. She received a tshirt after the secret nikah as mahr. The student has a drug problem and this was not brought to the parents attention. The secret nikah boy was told that she has made a choice to marry the boy she chose 7 months ago and he did not raise any objection. What is the status of the public nikah to one boy and the secret nikah to another boy.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The secret nikah performed at the university seventeen months ago is valid. The subsequent nikah seven month ago is invalid. However, if the boy of the first nikah which was conducted secretly is not the kufu of the girl’s family, they (the girl’ family) have a right to object to the nikah as that brings the family to disrepute. Kufu in marriage is considered in the social status of the spouses. If the social status of the boy is in variance with the girl to the extent that such a union will bring about an embarrassment to the girl’s family then the boy will not be Kufu to the girl. The objection to the marriage will be upheld and the marriage will be void.

And Allah Ta'ala Knows Best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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