Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamo-Alaikum,

I am in a bit of dillemma, I was 19 & now i am 24 and with poor knowledge of my future in managed to get into a relationship,unknowingly now that this person knows that i am married he mails me and tells me that my marriage is not valid, he says that we both kept our hands on the Quraan and keepning Allah (SWT) in our minds and as our witness (i.e. without any human witness or Kaazi) we share a bond that is of a husband and wife (I dont remember any of this happening,i feel he is lying), and that if i have my 1st chid with my current husband, he or she would be haraam to come in this world. My qustion is was i married, is my current marriage valid or unvalid and is my first child going to be haram. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marriage on oath

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved Sister in Islam, for a ‘nikaah’ or marriage to be lawful and valid in the Sight of Shariah Law and of Allah Subhanah, the below listed four absolutely obligatory conditions have to be fulfilled:

1. Proposal by one party and acceptance by another.
2. The determination of ‘mehr’ for the bride.
3. The presence of (at least) two witnesses to the marriage contract.
4. The consent of the ‘wali’ or guardians of the bride.

If even one of the above four listed obligatory conditions of a ‘nikaah’ are not fulfilled, that marriage would be absolutely invalid, null and void in the Sight of Shariah Law and Allah Subhanah.

The keeping of one’s hands on the Glorious Quran, and/or the keeping of Allah Subhanah in one’s mind and as their witness, etc. does not fulfill the requirements of a ‘nikaah’ in the Sight of Shariah and Allah Subhanah in the least….nor do such acts have absolutely any weight or basis or validity in Shariah, nor in the Sight of Allah Subhanah!

Beloved Sister in Islam, rest absolutely assured that your current marriage to your husband is absolutely legal, lawful, and valid in the Sight of Shariah Law and of Allah Subhanah, and any off-spring resulting from your legal marriage will be absolutely lawful.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan