Conditions for the validity of Nikaah

Marrying a shia

Q: I need your help and advise regarding shia Sunni marriage. I am a Sunni. I know there are various types of shias and some of them constitute kufr. I want to ask you that if a shia who has the same Qur'an majeed as ours only the pronunciation is a bit different, he respects the 3 khulafaa-e rashdeen too other than Hazrat Ali, doesn't believes in anything that constitutes kufr for example giving hazrat ali (ra) the same status as Allah (naosobillah), saying that Muhammad (saw) mistakenly became the last prophet, the list goes on. Everything is almost same except for a few differences that we all know for example a bit varied way of salaah, attending majalis, regards the ahly byt etc. In other words according to me, I don't see anything that constitute kufr or is considered as a high deviation expect for difference of opinion as mentioned above. But in our kalimah after LA ILLAHA ILLALAH MUHAMMADUR RASOOLALAH he adds Aliwaliullah. Something with only this intention that Ali is the wali of Allah and our imam. Is it permissible to marry him? Because I heard that adding to the kalimah can also make a person out of the fold of Islam and thus marrying him would not be jaaiz from my side and I would be living in an unlawful relation. But having said that, I also believe that the intention is what matters more than actions as our prophet (Sallallahu Alayhi Wasallam) mentioned this. And of the only intention of adding is that Hazrat Ali (Radiyallahu Anhu) was imam and they are his followers, then is the marriage jaaiz ?I would like to know your opinion. I know that its is disliked to marry them, but would the marriage be jaaiz or not that's my only concern right now.

Husband becoming a Sikh

Q: I am thinking about marrying a woman who has a son already from a different person who is a sikh. I know its not allowed to marry someone out of religion. But the person who was married to her converted to Islam and did nikah but after couple of years he turned back to sikhism. Now the problem is where she stands at the moment. And she is also not divorced by him too. So can I still do nikah with her because its also not allowed to do nikah on top of the nikah as I know according to Islamic point of view. Moreover she is older than me almost 17 years but my intention is only to ease her problems and give her a happy life. Your advise will also help me a lot in this matter.

Wife claiming that her first husband did not divorce her

Q: After married to a second husband for 20 years, the wife declares that she is no longer married to the 2nd husband because she was never divorced from the first. The 1st husband reclaims his wife. In the 1st marriage, no talaq was mentioned. The husband just stayed away from the husband. Is this allow in sharia and was the second marriage valid. What's the ruling on this?

Not disclosing one's health problems to one's spouse

Q: I want to ask a question and want fatwa. I am a psychiatric patient suffering from serious mental illness under treatment of a qualified doctor. The disease can be controlled but can't be finished. Also I had a blood disease thalesimia minor, which if my wife/partner also has (which is not tested yet), can cause to give birth to a baby with serious blood disease. I knew that before marriage and my physician told me that where you want to get married to take blood tests of the girl you want to get married to. We did not tell and hide where I was engaged my serious mental illness and blood disease which is minor. Now my wife and her family knows my mental disease because of my behaviour and medicines which I use not blood disease and she has give me a chance of few months to improve my self. If she see improvements she will decide to continue marriage with me or not. I am trying to improve my self. Is Nikaah Halaal and as we hid my mental and blood disease from my wife and her mother before marriage?