Zoya may leave SM but she will be Ayaan'S wife. Zoyaan stays - Page 3

Created

Last reply

Replies

29

Views

3.9k

Users

12

Likes

56

Frequent Posters

suweetchilli91 thumbnail
Engager Level 1 Thumbnail
Posted: 11 years ago
#21
1) Yes, but if for example A is getting married to boy C. For example somehow B sits in place of A and knowingly signs the paper and says qubool hai to C then she will be in the Nikaah of C eventhough every proceeding was under A's name. This is a rare case. And even if a girl is forced to say Yes Nikaah will happen but Islam gives her right To take Divorce!!

2)Basically its about the Gawah. You need 4 witnesses two from each side and Father's name will be written as marhum.

3) Saying Yes knowingly who the man is!

4)it is considered valid infront of witnesses and with consent of Parents so it happened
suweetchilli91 thumbnail
Engager Level 1 Thumbnail
Posted: 11 years ago
#22

Originally posted by: immione



Does n't need to be recognized by the law of the country as well. Plus I dont think India even follow the Sharian law. Plus they did not say yes to marriage and were forced to sign the nikhnama. So the wrong name has any value either as it is invalid either ways.



Excuse its not about the Indian law its about religious values. Just like they showed in Namastey london, Katrina was married to Akshay but not on paper. So please accept it Zoyaan are married ethically, morally, religiously and she cant marry Asad before divorce !!
starsinmyeyes thumbnail
12th Anniversary Thumbnail Sparkler Thumbnail + 3
Posted: 11 years ago
#23

Originally posted by: suweetchilli91

1) Yes, but if for example A is getting married to boy C. For example somehow B sits in place of A and knowingly signs the paper and says qubool hai to C then she will be in the Nikaah of C eventhough every proceeding was under A's name. This is a rare case. And even if a girl is forced to say Yes Nikaah will happen but Islam gives her right To take Divorce!!

2)Basically its about the Gawah. You need 4 witnesses two from each side and Father's name will be written as marhum.

3) Saying Yes knowingly who the man is!

4)it is considered valid infront of witnesses and with consent of Parents so it happened


Ok...so an accidental Nikah can happen in Islam?
suweetchilli91 thumbnail
Engager Level 1 Thumbnail
Posted: 11 years ago
#24

Originally posted by: starsinmyeyes



Ok...so an accidental Nikah can happen in Islam?



To be honest, I am not sure about this accidently saying yes would be valid because only a mufti can answer but signing the nikaahnama is sure valid accidental or not!
immione thumbnail
Explorer Thumbnail
Posted: 11 years ago
#25

Originally posted by: suweetchilli91



Excuse its not about the Indian law its about religious values. Just like they showed in Namastey london, Katrina was married to Akshay but not on paper. So please accept it Zoyaan are married ethically, morally, religiously and she cant marry Asad before divorce !!



And what abt the second part of my post where I said: Plus they did not say yes to marriage and were forced to sign the nikhnama. So the wrong name has any value either as it is invalid either ways.

They were not aware they were getting married. The example you gave of ABC, B knowingly signs the paper and says Qubool hai. Plus that is not valid either if person A is not aware that he is getting married to B and not C. If person A is aware as well, then everything maybe right.

Here ZOYAAN were not even aware they were getting married. They were not aware of Qazi asking them. They said yes on the phone which the qazi mistook as yes for marriage.



So the marriage happened with out consent and without awareness. So how can it be valid.

According to Allah the marriage is not valid.

And how come name not matter. Because lawfully, Ayaan would be married to Zoya Fareed. And if later on Zoya Fareed gets married, then people can see her name in marriage registry and say you are already married. We cannot register it.

And there are other examples with naming issue that I can think of.

Its not an excuse I am making. I am a Muslim as well. I am stating the facts here.
suweetchilli91 thumbnail
Engager Level 1 Thumbnail
Posted: 11 years ago
#26
I cant reason with you. I said that when the Nikaah happened unknowingly then it was invalid or maybe nullified but when they BOTH knowingly signed the Nikahnama infront of 4 witnesses, they got married IRRESPECTIVE of the name being different. Because Zoya signed the papers that had AYAAN'S name on it!!! Now I want to know where do you think Nikaah is invalid? If Name is wrong that doesnt really affect the Nikaah.
starsinmyeyes thumbnail
12th Anniversary Thumbnail Sparkler Thumbnail + 3
Posted: 11 years ago
#27

Originally posted by: suweetchilli91

I cant reason with you. I said that when the Nikaah happened unknowingly then it was invalid or maybe nullified but when they BOTH knowingly signed the Nikahnama infront of 4 witnesses, they got married IRRESPECTIVE of the name being different. Because Zoya signed the papers that had AYAAN'S name on it!!! Now I want to know where do you think Nikaah is invalid? If Name is wrong that doesnt really affect the Nikaah.


Actually it does affect the validity😃
I read up on the laws in India dear...since Nikahnama is a legal document, the country's judicial system recognizes it as valid...but if Zoya's name on the document is wrong, since ours being a secular country, the document stands nullified...and it is the case with all legal docs in our country..not just marriage...so ya...the Nikah is invalid if her name is wrong...in case the paper says Zoya Fareed instead of Farooqui..

There is no separate marriage act in our country but forced Muslim marriages are considered invalid here.as India is a secular country and has a lot of provisions for women's rights...a marriage cannot be forced on a girl here...the marriage rules that cover Islam in India..do not recognize a forced marriage...sadly forced marriages in any religion are not a criminal offence in this country...

In Saudi, it may be valid as per Sha'ria law...which is true...here, it's not allowed nor considered valid...what Soni's friend's father says is true...I asked my few Muslim friends too, to find out from their elders...a forced Islamic marriage is considered invalid in India...😊

Edited by starsinmyeyes - 11 years ago
immione thumbnail
Explorer Thumbnail
Posted: 11 years ago
#28

Originally posted by: suweetchilli91

I cant reason with you. I said that when the Nikaah happened unknowingly then it was invalid or maybe nullified but when they BOTH knowingly signed the Nikahnama infront of 4 witnesses, they got married IRRESPECTIVE of the name being different. Because Zoya signed the papers that had AYAAN'S name on it!!! Now I want to know where do you think Nikaah is invalid? If Name is wrong that doesnt really affect the Nikaah.



How cum name does not affect the NIkaah. Name is the most important thing in a Marriage because people need to know who is getting married to whom. Suppose the woman turns out to be a fraud and uses a fake name for marriage. And then runs away with husband wealth. And the husband finds her some day and claim her to be his wife. But that girl can say he is not my husband and say her real name and lawfully she will be right because wedding certificate will not show that.

The same goes here.
Lawfully Ayaan is married to Zoya Fareed. So if something comes up, people can question the validity of the Nikaah and might think that Ayaan is married twice.

Plus this is Indian Tv show, which is a work of fiction so lets not get carried away.
suweetchilli91 thumbnail
Engager Level 1 Thumbnail
Posted: 11 years ago
#29

Originally posted by: starsinmyeyes


Actually it does affect the validity😃

I read up on the laws in India dear...since Nikahnama is a legal document, the country's judicial system recognizes it as valid...but if Zoya's name on the document is wrong, since ours being a secular country, the document stands nullified...and it is the case with all legal docs in our country..not just marriage...so ya...the Nikah is invalid if her name is wrong...in case the paper says Zoya Fareed instead of Farooqui..

There is no separate marriage act in our country but forced Muslim marriages are considered invalid here.as India is a secular country and has a lot of provisions for women's rights...a marriage cannot be forced on a girl here...the marriage rules that cover Islam in India..do not recognize a forced marriage...sadly forced marriages in any religion are not a criminal offence in this country...

In Saudi, it may be valid as per Sha'ria law...which is true...here, it's not allowed nor considered valid...what Soni's friend's father says is true...I asked my few Muslim friends too, to find out from their elders...a forced Islamic marriage is considered invalid in India...😊




Whatever you say but Zoya was Islamicly married to Ayaan and FYI signing wasnt forced. They did it with their on will for Nikhat. I rest my case here. For a Muslim girl Islamic law has to be more significant but never the less. I wont say more I will stick to my opinion you stick to yours!
starsinmyeyes thumbnail
12th Anniversary Thumbnail Sparkler Thumbnail + 3
Posted: 11 years ago
#30

Originally posted by: suweetchilli91



Whatever you say but Zoya was Islamicly married to Ayaan and FYI signing wasnt forced. They did it with their on will for Nikhat. I rest my case here. For a Muslim girl Islamic law has to be more significant but never the less. I wont say more I will stick to my opinion you stick to yours!


Oh yes the signing was forced by Asad..on Zoya's part...forced does not mean that they manhandle her and make her sign..she was coerced...that much is enough..

And I will correct you...it's not whatever I say...it's what the law states here...mutual consent is necessary...and the same way in your country no one is above law, in our country no one is above law too...and if she truly considers herself married, she should consummate it too and stop cheating on her husband with his elder brother😊..if at all the laws are significant for her...but since both husband and wife are hugging their exes, I am forced to think otherwise

And yup...they have signed the talaqnama too...so it is what we called a fixed term marriage in Islam...null after 3 months as per the contract...as per that if they want to get married to each other only again, I don't know how that works
Edited by starsinmyeyes - 11 years ago

Related Topics

Top

Stay Connected with IndiaForums!

Be the first to know about the latest news, updates, and exclusive content.

Add to Home Screen!

Install this web app on your iPhone for the best experience. It's easy, just tap and then "Add to Home Screen".