Excerpt taken from the book “Aḥkām wa Masā’il – In the Light of the Qur’an and Sunnah” by Shaykh Mubashshir Ahmad Rabbānī
In our case, an Australian girl got married without a walī (guardian). No mahr (dower) was stipulated, and there were no proper witnesses. At the time of the nikāḥ, there was one Muslim man present, along with the girl’s Christian mother, some Christian female friends, and a few Muslim female friends. The marriage was registered by a Christian woman. Four years later, the girl embraced Islam, and Allah blessed her with two sons. Now she wishes to know the Islamic ruling regarding this marriage. If the nikāḥ was invalid, what is to be done? Also, since she only knows English, how should she perform her prayers after accepting Islam?
The form of nikāḥ described in the question is not valid in Islamic law. It was performed without a walī and without proper Sharʿī witnesses, and no mahr was mentioned—all of which are essential components of a valid Islamic marriage.
The Prophet ﷺ said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَي عَدْلٍ»
“There is no valid nikāḥ except with a guardian (walī) and two just witnesses.”
— [Sunan al-Bayhaqī: 7/111; Ibn Ḥibbān: 1075; Dārquṭnī: 3481]
This hadith clearly proves that a marriage without a walī and two reliable Muslim witnesses is not valid.
To validate and Islamically rectify the marriage, the following must be done:
① The girl’s walī (guardian) should go to the nikāḥ registrar and re-conduct the marriage with the same man, in the presence of two just Muslim witnesses, provided the woman agrees to it.
② If her walī is not available, then the marriage should be conducted under the authority of a Sharʿī judge or an authorized representative of the Islamic court.
③ No penalty or punishment will be imposed upon the woman for what occurred in the past.
④ The children from this relationship will be considered legitimate in Islamic law, and their lineage will be traced to their father, provided both the man and woman had believed that their marriage was valid at the time. This is known in Islamic jurisprudence as:
“وَطْءُ الشُّبْهَةِ” (intercourse based on mistaken assumption of validity)
— i.e., the relationship was presumed lawful based on ignorance or error.
As for her performance of Ṣalāh (prayer) after embracing Islam:
❖ Question:
In our case, an Australian girl got married without a walī (guardian). No mahr (dower) was stipulated, and there were no proper witnesses. At the time of the nikāḥ, there was one Muslim man present, along with the girl’s Christian mother, some Christian female friends, and a few Muslim female friends. The marriage was registered by a Christian woman. Four years later, the girl embraced Islam, and Allah blessed her with two sons. Now she wishes to know the Islamic ruling regarding this marriage. If the nikāḥ was invalid, what is to be done? Also, since she only knows English, how should she perform her prayers after accepting Islam?
❖ Answer:
The form of nikāḥ described in the question is not valid in Islamic law. It was performed without a walī and without proper Sharʿī witnesses, and no mahr was mentioned—all of which are essential components of a valid Islamic marriage.
❖ Conditions of a Valid Nikāḥ in Islam:
The Prophet ﷺ said:
«لَا نِكَاحَ إِلَّا بِوَلِيٍّ وَشَاهِدَي عَدْلٍ»
“There is no valid nikāḥ except with a guardian (walī) and two just witnesses.”
— [Sunan al-Bayhaqī: 7/111; Ibn Ḥibbān: 1075; Dārquṭnī: 3481]
This hadith clearly proves that a marriage without a walī and two reliable Muslim witnesses is not valid.
❖ What Must Be Done Now:
To validate and Islamically rectify the marriage, the following must be done:
① The girl’s walī (guardian) should go to the nikāḥ registrar and re-conduct the marriage with the same man, in the presence of two just Muslim witnesses, provided the woman agrees to it.
② If her walī is not available, then the marriage should be conducted under the authority of a Sharʿī judge or an authorized representative of the Islamic court.
③ No penalty or punishment will be imposed upon the woman for what occurred in the past.
④ The children from this relationship will be considered legitimate in Islamic law, and their lineage will be traced to their father, provided both the man and woman had believed that their marriage was valid at the time. This is known in Islamic jurisprudence as:
“وَطْءُ الشُّبْهَةِ” (intercourse based on mistaken assumption of validity)
— i.e., the relationship was presumed lawful based on ignorance or error.
❖ Regarding Her Prayers in Islam:
As for her performance of Ṣalāh (prayer) after embracing Islam:
- She must immediately begin learning the essential verses of the Qur’an, especially Sūrah al-Fātiḥah, and other necessary adhkār (remembrances and supplications) used in Ṣalāh.
- Until she has memorized them, she should try her best and continue praying while learning gradually.
