Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Hi As Salam Alai Kum

 

brother i had few more doubts on Nikah people say that when nikah is going on even the girl should hear it but if nikah is done is masjid how to go about it.

 

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Answer:

 

Bride should hear nikaah contract

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Sahih Al-Bukhari Hadith 9.101         Narrated by Aisha

Allah's Messenger (sws) said, "It is essential to have the consent of a virgin (for her marriage).’  I (Aisha) said, "A virgin feels shy." The Prophet (saws) said, "Her silence means her consent."

 

Sahih Al-Bukhari Hadith 9.98 Narrated by Abu Huraira

The Prophet (saws) said, "A virgin should not be married till she is asked for her consent; and the matron (divorcee, widow, etc.) should not be married till she is asked whether she agrees to marry or not."  It was asked, "O Allah's Messenger (saws)! How will she (the virgin) express her consent?" He (saws) said, "By keeping silent."

 

It is an absolutely obligatory condition of a marriage to be legal in the Sight of Shariah for the bride to consent to her marriage.  If the bride is a virgin, and she feels shy to declare or respond her approval, her silence will be accepted as her approval; but if a matron (one who is divorced, or a widow, etc.) is married, her silence will not be accepted as her approval, but she must verbally declare her acceptance to the Judge conducting the marriage. 

 

The bride is well within her rights to demand that all the conditions of the contract of her ‘nikaah’ are read or declared in her presence, if indeed she wills do so….or she may alternatively appoint her ‘wali’ or guardian to make sure that all the conditions stipulated in her ‘nikaah’ contract are acceptable to her.  It is the responsibility of the Judge and the appointed ‘wali’ of the bride to make sure that the bride comprehends all the conditions that are stipulated in her ‘nikaah’ contract before she gives her final approval to the ‘nikaah’ contract.

 

If the bride has reason to doubt any condition in her ‘nikaah’ contract, or is not satisfied with any condition placed in her ‘nkaah’ contract…..she is well within her rights to refuse to give her consent to the ‘nikaah’……and a marriage without the precise consent of the bride would be deemed null and void in the Sight of Shariah Law.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan