Circumcision & Piety: Are These Conditions for the Validity of a Marriage?


Hanafi Fiqh

Answered by Sidi Waseem Hussain

Question: I want to know if a lady got married to a man who had not done circumcision is the marriage still valid? Also what if he doesnt follow the religion and drinks? Is the nikah still valid or not?

Answer: Assalamu Alaykum Warahmatullah,

Being circumcised is neither a condition for being Muslim nor a condition for the validity of marriage.

Therefore, a marriage with a uncircumcised Muslim is valid.

Similarly, being free from sins is not at a condition for the validity of marriage.

Therefore, being married to someone who drinks or engages himself in other sinful activities will not render the marriage invalid.

However, as a caring wife, she should have concern for her husband and try to help him follow the religion. A key goal of marriage is mutually assisting one another in roder to become better muslims. If the spouse does not show concern for the religion, then one needs to try to help him gain that concern by positively addressing the issues and with a sense of love and care.

The proudness of a man will often make him disregard efforts from a confronting wife that tries to correct his errors. Therefore confrontational arguments about the issue may not bear any fruit. Rather, one has to try to use wisdom and perhaps demonstrate the many problems that are associated with drinking by showing, for example. the great damages drinking do.

But the issue should not be left untouched. Being Ramadan it may be a good time to try talking with the spouse about it.

May Allah give you success in your efforts,

Wassalam,
Waseem Hussain

Checked & Approved by Faraz Rabbani