Marriage & Family
Nikah, divorce, ʿiddah and maintenance, and raising children.
Nikah
Can one person represent both bride and groom in the Nikah?
One representative may conduct the Nikah for both bride and groom before valid witnesses; the marriage is valid.
Reviewed by Mufti Faraz Adam ImpermissibleNikahCan a proposal of Nikah be accepted on a different date and time?
A Nikah whose offer and acceptance happen on different dates, not in one sitting, is invalid.
Reviewed by Mufti Faraz Adam Requires detailNikahWhat are the Sunnah acts in Nikah?
Lists recommended Nikah practices: Friday, in the masjid, publicised, a khutbah, upright witnesses and a walimah.
Reviewed by Mufti Faraz Adam ConditionalNikahSending Gifts Prior to Nikah
Gifts to a fiancée are permissible if they cause no fitnah, casual mixing or relationship-building before the nikah.
Reviewed by Mufti Faraz Adam Requires detailNikahIs there any particular Islamic teachings for the first night of marriage?
No detailed rules exist for the first night; recite the du'as, be gentle, and intimacy need not happen that night.
Answered by Mufti Faraz Adam ConditionalNikahI am not sure whether I should go ahead with marrying a girl I have agreed to marry?
Breaking an agreement is serious, but you may withdraw with good conduct if you genuinely fear the marriage will harm you.
Answered by Mufti Faraz Adam PermissibleNikahIf a marriage contract or certificate was not signed at the time of nikah, will the nikah be valid?
A nikah is valid without a signed contract or certificate; offer and acceptance before witnesses are what count.
Answered by Mufti Faraz Adam Requires detailNikahAre there any prayers which can be said in a civil marriage?
The prophetic nikah sermon (khutbah) with its Qur'anic verses may be recited at the civil ceremony.
Answered by Mufti Faraz Adam ImpermissibleNikahIs a nikah via Skype valid?
A nikah via Skype with the parties in different places is invalid; appoint a wakil for a nikah by proxy instead.
Answered by Mufti Faraz Adam Requires detailNikahWho is responsible for the dowry (mahr)?
The dowry is solely the husband's responsibility and becomes binding upon the nikah; the couple should resolve issues amicably.
Answered by Mufti Faraz Adam ImpermissibleNikahIs it permissible to solemnise a marriage over the phone?
A nikah over the phone is invalid since witnesses must be present at one sitting; marry by proxy by phone or letter instead.
Answered by Mufti Faraz Adam ConditionalNikahCan a person suffering from a transmitted disease marry?
A person with an incurable STD may marry, but must disclose the illness to the prospective spouse beforehand.
Reviewed by Mufti Faraz Adam PermissibleNikahCan I marry my cousin if there is doubt that I was breastfed by her mother?
Breastfeeding prohibition requires certainty that milk was drunk; with doubt, you may marry your aunt's daughter.
Answered by Mufti Faraz Adam PermissibleNikahCan my father perform our Nikah?
One's father can perform the Nikah ceremony; a scholar is not required.
Answered by Mufti Faraz Adam Requires detailNikahIs Mahr necessary in a Nikah?
Mahr is binding in a Nikah and is the right of the woman, based on Surah al-Nisā' 4:24.
Answered by Mufti Faraz Adam PermissibleNikahIs reading two rakats of Salah together on the first night of marriage a recommended practice?
Praying two rak'ats together on the first night is encouraged, based on the advice of Abdullah ibn Mas'ud.
Answered by Mufti Faraz Adam PermissibleNikahWhat is the ruling of looking at your prospective spouse?
Seeing one's prospective spouse before marriage is encouraged, as the Prophet ﷺ advised.
Answered by Mufti Faraz Adam Requires detailNikahWho should bear the Walimah cost?
The husband and his family bear the Walimah cost; the bride's family is rewarded if they voluntarily help.
Answered by Mufti Faraz Adam PermissibleNikahIs it permissible to change one’s surname after marriage?
Taking the husband's surname after marriage is permissible and does not contradict Qur'anic naming injunctions.
Answered by Mufti Faraz Adam PermissibleNikahIf we did not sign a marriage contract, is the Nikah still valid?
Not signing a marriage contract does not affect the Nikah, which is executed by verbal offer and acceptance before witnesses.
Answered by Mufti Faraz Adam DislikedNikahIs it permissible to have a really high amount as Mahr?
There is no maximum Mahr, but excessive and exorbitant amounts are discouraged.
Answered by Mufti Faraz Adam ConditionalNikahIs it permissible for the newlywed couple to be intimate before Rukhsati and moving in with another?
Once the Nikah takes place the couple are lawful to each other, but an agreed delay in relations should be honoured.
Answered by Mufti Faraz Adam ConditionalNikahCan the son of the bride from her first marriage be a witness for her second marriage?
The bride's son may witness her Nikah if he is Muslim, sane and mature.
Answered by Mufti Faraz Adam Requires detailNikahWhat is a Mahram?
A Mahram is someone one is permanently prohibited from marrying.
Reviewed by Mufti Faraz AdamDivorce (Ṭalāq)
Saying ‘I will give you Talaq’
Saying "I will give you talaq" does not result in a divorce, but avoid using the word talaq.
Reviewed by Mufti Faraz Adam Requires detailDivorce (Ṭalāq)Saying ‘I divorce you’ without intention
Explicit words of talaq take effect even without intention, so the divorce occurred; implicit words would need intention.
Reviewed by Mufti Faraz Adam Requires detailDivorce (Ṭalāq)Does Whispering Talaq count?
Whispering the words of talaq privately does not result in a divorce; seek help from a Muslim therapist for such thoughts.
Reviewed by Mufti Faraz Adam Requires detailDivorce (Ṭalāq)What is the ruling on Talaq during Menses?
A talaq given during menses is sinful but valid, so three talaqs given then all take effect.
Reviewed by Mufti Faraz Adam PermissibleDivorce (Ṭalāq)Does a divorce take place if the husband and wife have not been intimate for 5 years?
Years without intimacy do not end a marriage; they remain husband and wife, and reconciliation through family should be sought.
Answered by Mufti Faraz Adam Requires detailDivorce (Ṭalāq)Can you please elaborate on the rulings regarding the annulment of a marriage?
Annulment (faskh) follows strict protocol: both spouses must be heard, though a council may annul if the husband won't cooperate.
Reviewed by Mufti Faraz Adam Requires detailDivorce (Ṭalāq)Did the talaq sent by post take place?
A talaq written with intention takes effect at once, even if the wife never receives it; she cannot reject it.
Answered by Mufti Faraz Adam PermissibleDivorce (Ṭalāq)Is a talaq via SMS valid?
A talaq sent by SMS is valid; one revocable talaq occurred and the husband may take his wife back.
Answered by Mufti Faraz AdamʿIddah & Maintenance
Calculating Iddah upon Husband Passing Away
The questioner is correct: the iddah after a husband’s death on 11 May ends on 18 September.
Reviewed by Mufti Faraz Adam Requires detailʿIddah & MaintenanceDoes outstanding Nafaqah become a debt on the ex-husband?
Unpaid maintenance does not become a debt on the husband unless agreed beforehand or fixed by a higher authority.
Reviewed by Mufti Faraz Adam ConditionalʿIddah & MaintenanceIs there an iddah for a woman divorced immediately after marriage?
A woman divorced before consummation or private seclusion has no iddah and may remarry immediately.
Answered by Mufti Faraz Adam Requires detailʿIddah & MaintenanceDoes a miscarriage terminate iddah?
A miscarriage ends the iddah if the foetus's limbs were partly formed; if not, the normal iddah must be completed.
Answered by Mufti Faraz AdamChildren & Parenting
Is baby casting permissible?
Making casts of a baby’s hands or feet as a keepsake is permissible.
Reviewed by Mufti Faraz Adam Requires detailChildren & ParentingWho is responsible to maintain a mature, disabled child?
The father is responsible for caring for and maintaining an adult child unable to earn; the couple should talk openly and support each other.
Reviewed by Mufti Faraz Adam Requires detailChildren & ParentingConsidering the name Ammarah for one’s child
Ammarah (ʿAmmārah) was the name of some female hadith narrators, but no female Companion by that name could be found.
Reviewed by Mufti Faraz Adam DislikedChildren & ParentingCan I name my expected twins with the following names?
The names are good except Ateeb ('one reprimanded'), which is not advisable; shorter names are recommended.
Answered by Mufti Faraz Adam PermissibleChildren & ParentingIs it permissible to keep the name Mala’ikah?
Mala'ikah (angels) is a permissible name for a girl: it is not prohibited, not non-Muslim and has no negative meaning.
Answered by Mufti Faraz Adam Requires detailChildren & ParentingThe Fiqh of a Newborn Baby – What To Do When a Baby is Born
Six practices for a newborn: adhan and iqamah in the ears, naming, tahnik, shaving the head, aqiqah and circumcision.
Answered by Mufti Faraz Adam ConditionalChildren & ParentingHow old do animals need to be when slaughtering for an Aqiqah?
Aqiqah animals follow the Qurbani age rules: goats and sheep one year old, or a six-month sheep that looks a year old.
Answered by Mufti Faraz Adam ImpermissibleChildren & ParentingCan money be given in charity as Aqiqah instead of sacrificing an animal?
Giving money in charity does not count as ʿAqīqah; an animal must be slaughtered, possibly in a place of need.
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