Is My Marriage Invalidated Due to Hurmat al-Musahara?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
As a Hanafi, my marriage is invalid due to hurmat al-musahara from a past mistake, but following the Shafi’i School, the marriage wasn’t valid initially due to proposal issues. Is there a way to remarry in a manner acceptable to Allah to save my family and children?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
Your marriage is considered valid according to Imam Shafi‘i (Allah have mercy on him). Nonetheless, it is advisable to perform a renewed marriage contract (Tajdid nikah) to provide you with assurance and a sense of renewed commitment. See the detailed link below.
It is a cautionary measure for a simpleton to renew his faith (iman) daily and marriage with his wife every month, once or twice, with two witnesses.
[Ibn ‘Abidin, Radd al-Muhtar]
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
Related
- Does Kissing One’s Daughter-in-Law Lead to Hurmat al-Musahara?
- Desire and the Dissolution of Marriage? The Issue …
- If I Follow the Shafi’i Position on Hurma al Musahara Can …
Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org), like from the Islamic Studies Curriculum (seekersguidance.org), building your way up doing each course?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.