I was in a relationship and in order to avoid zinnah we decided to get married. I was a girl of 24 years then and during the process of nikkah my guardian or any of my relatives was not present, I was alone.

The presiders were all strangers to me. Moreover I did not recite kalma or say qubool hai ... I simply signed a paper.

Is this nikkah valid??? It has been two years since then and eventually the relationship did not last. Do i need to have talaq to move forward for a marriage????


1 Answer 1


It would be prudent to get divorce before moving forward. This will terminate the nikah if it was valid and will not do any harm if it was invalid.

The Hanafis recognize as valid a marriage when you are an adult and its with your consent, so according to them the marriage will be valid and obviously you would need divorce.

The rest view the marriage as invalid when the consent of the wali (guardian of the woman) is not present, however they may still require divorce before you can remarry, this is the view of the Hanbalis.

From Mughni by Ibn Qudaymah (Hanbali fiqh), translation partially taken from IslamQA:

وإذا تزوجت المرأة تزويجا فاسدا ، لم يجز تزويجها لغير من تزوجها حتى يطلقها أو يفسخ نكاحها . وإذا امتنع من طلاقها ، فسخ الحاكم نكاحه

If a woman gets married in an invalid manner, it is not permissible for someone else to marry her until she is divorced or the marriage is annulled. If he refrains from divorcing her, the ruler breaks his marriage.

So again, the best course of action is that you take divorce.

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