Conditions for the validity of Nikaah

Marrying a Qaadiyani

Q: I am a Sunni sect lady in her mid forties and had been married to an Ahmaddiyay Sect man in his late fifties. I have a son of 7 years out of the wedlock. My parents were not aware of my husband's sect whereas I was told two days before the marriage, but was ignorant of the difference in the sect. So taking the liberal side, I went ahead with it.

My husband does not earn at all, infact, he sits back home and I run around for supporting the house and making ends meet. He has never invested a single Rupee, either on my son nor on myself and to top all, he abuses me mentally by taunting and passing negative remarks on my deceased parents and siblings, as well as been physical too.

Two days back he had not only slapped and tried to strangulate me but also hit me on my head and I had to be rushed to the hospital for a bleeding cut and my son witnessed all this and was terrified. For the first time after 10 years of marriage I had disclosed about my husband's sect with my youngest brother who is in his late thirties and quite influential on Islamic clauses and he wants me to break the nikkah as its not lawful especially in the light of the Ahmaddiya fact.

I had earlier several times tried to disclose with my parents but did not gain confidence to share the same and both of them are no longer with us. Please tell me where do I stand? 

Woman forcing a man to marry her

Q: A man and a woman were having an affair about 3 years back. They later got separated because the man was already married and he refused to marry her. Now, almost one year after their separation, the parents of that woman were pressurizing her to get married somewhere else. She started insisting that she wants that man to marry her. When he said no, she threatened him that she would commit suicide or accuse him of rape (which is very conveniently possible in my country) or defame him if he did not marry her.

To avoid this situation this man contacted a local imam and asked him to perform his "dummy" marriage with that woman so that she may be convinced. They both went to the masjid and got married accordingly. They got a nikahnama on which both of them had signed but the man did not signed correctly as he did not want to marry her. Mehr was mentioned in the nikahnama but was never given. No Quranic aayaat or kalimah were read and no process as mentioned in the Quran was followed. The witnesses and audience signed but they were paid for to sign. 

Also, the date mentioned on the nikahnama was manipulated to show that they got married way back in 2016. The woman was not able to guess that it was not a true marriage as she has embraced Islam for this marriage and is new in Islam. The date was manipulated on her saying only to justify the haraam acts done by them in the past.

Now the parents of the woman came to know about this marriage and things went out of control. The woman is still in her parent's house. No one from either side wants them to stay married and even the man does not want her as his wife.

1. Is their marriage valid or null and void?

2. If their marriage is valid, and the parents of the woman and the man did not want to remain in that marriage, is the man required to divorce the woman?

3. What about mehr?

Using one's stepfathers name in the nikaah certificate

Q: I am getting married in July. My mother has done 2 marriages. She is separated and divorced from her first husband long time ago. I was born from her 2nd husband. Not keeping any difference, she and my real biological father kept the name of her first husband as my fathers name.

All my life, my education, identity card everything is made on his name. In my nikaah, my wali agreed to be there but in the nikaah nama (cerficate) the name of my stepfather would come and not my real father. Would my nikaah be valid?

Is the validity of nikaah subject to repentance of past sins?

Q: During childhood a woman committed sins. The sin was that the woman, who, in her childhood was a girl, rubbed her private parts on another girls private parts. The woman doesnt think she had underwear on when this happened but the other girl had underwear on. This sin happened either when she was 12 or under the age of 12. It happened before the age of puberty as she got her periods when she was 14. As she matured she realised that was a homosexual act and it was wrong.

The woman is married to a a good man, who has never done such sins in his past. and the woman has recently been getting doubts upon repentence. She read somewhere that if one doesn't repent for such sins or sexual sins before marriage then marriage to a person who has not done such sins in the past or marriage to a chaste person is haraam and not valid.

Was the marriage valid from the start? Was it haram to marry such a person who has committed such sins in the past when the other hasn't?

Marrying a chaste person after committing zina

Q: I am born a Muslim but I got distracted at some point in my life and commited adultery with my ex boyfriend. However I got married last year with a virgin man. I did not repent before getting married because I did not realize that it had to be done. I have been realising my mistakes lately and I cannot tell you how ashamed I am of my past. I repented to Allah several times after marriage. 

Now I got to know that in the Quran it is mentioned that a fornicator cannot marry a pure man. I have also read that the scholars say that if a person repents, only then can they marry a pure man. As I have mentioned that I have repented from my heart and I still am repenting but it is after marriage.

Will my marriage still be valid? Or do I need to renew the marriage contract? My husband doesn’t know about my past. Please let me know what should I do now?

Witnesses in nikaah

Q: Regarding nikah witnesses on Ask Imam website it states:

The wakeel represents the bride in the presence of the two witnesses who must be trustworthy and pious male Muslims. They should not be from among the girls ascendants e.g. father, etc. nor from her descendants, e.g. son, etc. https://islamqa.org/hanafi/askimam/28924

Could you please explain the above regarding witnesses in the nikaah. Will the nikaah be valid if the witnesses of the nikaah are among the girls ascendants e.g. father, etc. or from her descendants, e.g. son, etc?

Court marriage

Q: I was told that a divorce in court is like a talaaq. There is no need for a separate talaaq. However if you make nikaah, is that valid or does one have to separately get married in court?