Fatwa: # 47255
Category: Marriage (Nikah)
Country:
Date: 3rd April 2021

Title

Is my Nikāh valid if there wasn’t Kufuw?

Question

as salaamualaykum According to Mln Ashraf Ali Thanwi in his book, nikah marriage in islam, he mentions that for one to be equal in wealth in regards to kafaah it is only the wealth of the women and not her families is this correct? i married in secret a while ago and the nikah is soon but i am wondering if it is valid.

My wealth was of the same of the girls wealth but her family were a little more comfortable than mine. i was under the impression that only the women’s finances come into play in this instance and i am equal if not more in this case. however my father and her father have different wealth. We’re both equal in lineage as we’re both gujarati and both of our fathers and grandfathers were also muslim in regards to equality in being muslim. Also,equality in piety and occupation was also the same as were students. My only worry was that of wealth and molana Ashraf Ali thanwi said in his kitaab that equality in wealth is that of the women and the man and not of the families wealth. Is my nikah still valid in this case ?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

In principle, kufuw (compatibility) is considered to ensure the spouses will be suitable for each other. However, kufuw in wealth is not a pre-requisite for the validity of the nikāh. [1] Furthermore, you state that the financial status of yourself and your wife is the same. Accordingly, your nikah is valid. 

As for your decision to conduct a nikāh in secret, despite its validity, we advise you to let people know of your marriage. Islam does not encourage secret nikāh and Nabī Sallāhu ‘Alaihi Wa Sallam had ordered the Sahāba Radyallāhu ‘anhu to announce their Nikāh. Consider the following hadīth:

عَنْ عَبْدِ اللهِ بْنِ الزُّبَيْرِ، أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ” أَعْلِنُوا النِّكَاحَ (مسند أحمد,16130)

Translation: Abdullāh bin Zubayr Radyallāhu ‘anhu narrates that Rasulullah Sallāhu ‘Alaihi Wa Sallam said: “Publicize the nikāh”(Musnad Ahmed 1613)

And Allah Ta’āla Knows Best 

Ikraam Elias Gangat

Student DarulIftaa
Zambia 

Checked and Approved by,
Mufti Ebrahim Desai.



[1]

الدر المختار شرح تنوير الأبصار وجامع البحار (ص: 178 دار الكتب العلمية)

 (وشرط سماع كل من العاقدين لفظ الآخر) ليتحقق رضاهما

(و) شرط (حضور) شاهدين

(حرين) أو حر وحرتين (مكلفين سامعين قولهما معا)

على الاصح (فاهمين) أنه نكاح على المذهب

 

 

ملتقى الأبحر (ص: 471 دار الكتب العلمية)

وشرط سماع كل من العاقدين لفظ الآخر وحضور حرين مكلفين مسلمين إن الزوجة مسلمة سامعين معا لفظهما

 

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