Question Summary:
My wife and I originally married before converting to Islam…Some months later we had a larger wedding for our family. This was not an Islamic wedding but there was one Muslim that attended. After reading information about the fiqh of Marriage (having 2 witnesses, a wali, etc) I had some doubts Question Detail:
My wife and I originally married before converting to Islam. We didn't tell most of our family because we had intended on doing a larger wedding at a later point and did this mainly for paperwork reasons. We then found Islam and on the day we converted expected to marry again. The Imam asked us if we were married already and we had said yes but we wanted to get married again as Muslims. He asked us if we marry each other and we said yes. He was the only witness there at that moment. I had also given her the Mahr on the previous day and she had accepted. The Imam then announced to the people at the Mosque that we had converted and were married. At this point we still did not tell most of our family. Some months later we had a larger wedding for our family. This was not an Islamic wedding but there was one Muslim that attended. After reading information about the fiqh of Marriage (having 2 witnesses, a wali, etc) I had some doubts as to whether our marriage was valid. Jazakallah Khair.
Answer :
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
There are two main issues to address within your query:
a) Status of marriage after reverting to Islam
b) Non-Islamic wedding
a) If a non-Muslim couple gets married and eventually ends up accepting Islam together, their marriage is recognized and intact. There is no need to remarry and perform a nikah after accepting Islam.
b) It is not permissible to participate in a wedding ceremony which is against the teachings and rulings of Islam. The Messenger of Allah (Sallallahu Alayhi wa Salaam) has warned the believers to abstain from the practices of the disbelievers. Rasulullah (Sallallahu Alayhi wa Sallam) has said in a Hadith:
من تشبه بقوم فهو منهم
"Whosoever resembles a people or nation, he is one of them." (Sunan Abi Dawud)
Abstaining from tashbeeh (imitating, resembling) of the disbelievers includes keeping away from their customs, habits, behaviors, celebrated festivals etc. Almost all non-Islamic weddings include things which are totally forbidden in Islamic Law, such as music and intermingling of the sexes.
It would have been advisable if you informed your family beforehand about your conversion to Islam. That way, the non-Islamic wedding could have been avoided. Nevertheless, since it already occurred, it is necessary to seek the forgiveness of Allah Ta'ala by making istighfaar and by making sincere repentance (tawbah). Allah Ta'ala is surely the Most Forgiving, Most Merciful.
وإذا تزوج الكافر بغير شهود أو في عدة كافر وذلك في دينهم جائز ثم أسلما أقرا عليه وهذا عند أبي حنيفة
(Al-Hidayah, 2/344-345, Maktabah Shirkah)
( أسلم المتزوجان بلا ) سماع ( شهود أو في عدة كافر معتقدين ذلك ) ( أقرا عليه ) لأنه أمرنا بتركهم وما يعتقدون
(Darrul Mukhtar, 3/184, HM Saeed)
( قوله : تزوج كافر بلا شهود أو في عدة كافر وذا في دينهم جائز ثم أسلما أقرا عليه ) يعني عند أبي حنيفة
(Al-Bahr al-Raaiq, 3/207, Rashidiyya)
( وقوله وإذا تزوج الكافر بغير شهود أو في عدة كافر وذلك في دينهم جائز ثم أسلما أقرا عليه ، وهذا عند أبي حنيفة .
(Fathul Qadeer, 3/283, Rashidiyya)
قال رحمه الله ( تزوج كافر بلا شهود أو في عدة كافر وذا في دينهم جائز ، ثم أسلما أقرا عليه ) وهذا عند أبي حنيفة
(Tabyeen al-Haqaaiq, Vol. 2, Ilmiyyah)
ولو تزوج ذمي ذمية في عدة من ذمي جاز النكاح في قول أبي حنيفة ، وهذا ، والنكاح بغير شهود سواء عندنا حتى لا يعترض عليهما بالتفريق ، وإن ترافعا إلينا . ولو أسلما يقران على ذلك .
(Badaai' al-Sanaai', 2/614, Darul Kitab)
And Allah knows best
Wassalam
Ml. Asif Umar,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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