Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
I married my wife seven years ago. At that time, she signed the marriage contract (nikāḥ-nāmah) and explicitly expressed her consent. Her satisfaction was also verified through other means. As proof, I am sending the marriage certificate and other documents.
Now, however, she is claiming lack of consent and says that the nikāḥ was invalid. What guidance does Sharīʿah provide in such a situation? Kindly assist me in this matter.
We would like to inform you that after reviewing the documents and marriage certificate you sent, it is clear that the woman explicitly expressed her consent and happiness at the time of the marriage. Moreover, she has lived with you for seven years. Based on these documents and testimonies, it is evident that the marriage is valid, and declaring it invalid is incorrect.
Regarding the additional documents you sent — in which her non-consent is mentioned — there are two possible explanations:
She was initially unwilling to marry, but gave her consent before the nikāḥ, as proven by the other documents, signatures, and testimonies.
She was initially willing and consenting, but expressed non-consent only after the marriage took place.
In both cases, the fact that she lived with you for a long time (seven years) strongly indicates her contentment and acceptance. If she had not been pleased, she would not have continued to live with you for such a long time. Moreover, the marriage certificate and supporting documents reinforce the legitimacy of the nikāḥ.
Therefore, this marriage is valid and enforceable, and it is wrong to declare it invalid or corrupt.
If your relationship has deteriorated to such an extent that living together has become unbearable, and local scholars have advised divorce or khulʿ, then there is no harm in proceeding with khulʿ. In fact, doing so would be better and more beneficial for both parties.
وَاللهُ أَعْلَمُ
✦ Question:
I married my wife seven years ago. At that time, she signed the marriage contract (nikāḥ-nāmah) and explicitly expressed her consent. Her satisfaction was also verified through other means. As proof, I am sending the marriage certificate and other documents.
Now, however, she is claiming lack of consent and says that the nikāḥ was invalid. What guidance does Sharīʿah provide in such a situation? Kindly assist me in this matter.
✦ Answer:
We would like to inform you that after reviewing the documents and marriage certificate you sent, it is clear that the woman explicitly expressed her consent and happiness at the time of the marriage. Moreover, she has lived with you for seven years. Based on these documents and testimonies, it is evident that the marriage is valid, and declaring it invalid is incorrect.
Regarding the additional documents you sent — in which her non-consent is mentioned — there are two possible explanations:
① Possibility One:
She was initially unwilling to marry, but gave her consent before the nikāḥ, as proven by the other documents, signatures, and testimonies.
② Possibility Two:
She was initially willing and consenting, but expressed non-consent only after the marriage took place.
In both cases, the fact that she lived with you for a long time (seven years) strongly indicates her contentment and acceptance. If she had not been pleased, she would not have continued to live with you for such a long time. Moreover, the marriage certificate and supporting documents reinforce the legitimacy of the nikāḥ.
Therefore, this marriage is valid and enforceable, and it is wrong to declare it invalid or corrupt.
❖ However, Important Note:
If your relationship has deteriorated to such an extent that living together has become unbearable, and local scholars have advised divorce or khulʿ, then there is no harm in proceeding with khulʿ. In fact, doing so would be better and more beneficial for both parties.
وَاللهُ أَعْلَمُ
