Question Summary:
My wife and I had our Niccah recently, but we have a sincere concern about its legitimacy. Basically, the money I gave my wife for her dowry was paid for via a credit card. Also, the money used to pay…. Question Detail:
My wife and I had our Niccah recently, but we have a sincere concern about its legitimacy. Basically, the money I gave my wife for her dowry was paid for via a credit card. Also, the money used to pay the Imam who performed our Niccah came from a credit card. Does this invalidate our Islamic marriage? If so, what can I do about it? I love my wife and she loves me and we want this to be resolved in our hearts so we know our marriage will be recognized in the eyes of Allah (Subhanahu wa Ta’ala). Please my brother give us your advice and guidance to assist us in resolving this matter.
Answer :
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
In order for the Nikaah to be considered legitimate, the Nikaah has to be conducted in the presence of two Muslim witnesses (men) who are free, sane and mature. If two men were not present, then one man and two women will suffice.
ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف
( Al-Hidaya vol.1 pg306, Shirka)
It is not a prerequisite for the Mahr (dowry) to be mentioned in the Nikaah contract or for it to be paid in advance for the validity of the Nikaah, even though it is still binding on him to pay it.
( ويصح النكاح وإن لم يسم فيه مهرا ) ؛ لأن النكاح عقد انضمام وازدواج لغة فيتم بالزوجين ، ثم المهر واجب شرعا إبانة لشرف المحل فلا يحتاج إلى ذكره لصحة النكاح
( Al-Hidaya vol.1 pg323, Shirka)
If the Mahr was paid via credit card, it does NOT invalidate the Nikaah. It is also not a condition to pay the Imaam for the validity of the Nikaah.
Note: It will only be permissible to use the credit card facility if there are sufficient funds available. If sufficient funds are not available, it will result in an interest bearing loan which is prohibited.
And Allah knows best
Wassalamu Alaikum
Ml. Rayhaan Docrat,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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