need religious information about nikah, ER

[carolinahelwa]

hello brothers and sisters, i hope you all are doing fine.
well i have a question about marriage, is it a valid marriage if a sheyk is not present?
somebody told me we just need to write down a document, and have 2 witness is that info real?
im a convert so thank you for your help:tti_sister:

 

[ShyHijabi]

What is the correct Islamic procedure for a marriage ceremony, I mean if two Muslims are married (legally) without the presence of a religious "person" (like imam etc.), does that mean the marriage is non-existent in terms of Islam?


All praise is due to Allaah.

A marriage contract is valid in Islam if the following conditions are met, even if the marriage does not take place in a court, or in the presence of a Judge or the Imaam of the masjid. In addition, it does not need to be written.

The waliy (guardian) of the girl has accepted the proposal by saying, for example, "I marry you my daughter", and the one who proposed has replied, for example, by " I accept," or "I am satisfied" (i.e. with his acceptance). This takes place in the presence of two witnesses The woman is legally eligible to marry the man according to Islamic shari'ah (that is she is not a Mahram of the proposer [those to whom the proposer is forbidden to marry. etc.]) Allah knows best.

http://www.islam-qa.com/en/ref/813/valid%20marriage

 

[hassana elkoussi]

Salam alaikum dear sister,

Well, to begin with I'm not a scholar, but there's this hadith which says, There is no marriage contract except with a walee and two witnesses.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 7558) If u are a convert and have no walee , then a sheikh or a judge should be a substitute. The fatwa that sis Shyhijabi has posted states that the waliy should be there to accept the proposal in the first place, but if ur father or uncle or whoever can be a wali is not a muslim, then u will need a sheikh instead. In all cases, do not rush this marriage unless u make sure that it's 100% halal. You can have a look at this fatwa as well http://www.islamqa.com/en/ref/2127/شروط صحة النكاح

One more point to raise, did u ask the groom why he insists on having just two witnesses? From what I have come across in life, such guys are mostly after having a nice time with the girl on the grounds that this is a " halal " marriage. THey are mostly unwilling to bear the responsibilities of a documented marriage and according to some scholars , such a marriage is equivalent to zina. I just want u to make sure of his intentions before u go on with this marriage. I'd rather u ask the sheikh of ur local mosque, he will probably give u the right answer to ur question. May Allah make things easy for you and guide you to what pleases Him in this life and the hereafter. :tti_sister: Ameen.

 

[carolinahelwa]

thank you for the information
well the reason for the witness and all this not documented marriage is because we live in NY and we have paperwork problem that is why we cannot do it at the mosque. he has the permit from my mother and all my family but we are far away

 

[slaveofAllah88]

hello brothers and sisters, i hope you all are doing fine.
well i have a question about marriage, is it a valid marriage if a sheyk is not present?
somebody told me we just need to write down a document, and have 2 witness is that info real?
im a convert so thank you for your help:tti_sister:

aslam o alaikum

sister, in order for islamic marriage these things are required

If any of these things are not there the marriage contract is not complete islamically.