Just to clear up some things about Nikkah - Page 4

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Sabhayata thumbnail
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Posted: 11 years ago
#31
Well i think CV's are going to show this Nikaah is valid
Annu.. thumbnail
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Posted: 11 years ago
#32

Originally posted by: LaVita-E-Bella

No wali and mahram aren't exactly the same thing. A Mahram and Wali can be the same person, but a Mahram is any male relative that you can't marry, where as a Wali is an appointed representative in marriage and legal affairs. Yes you are right, and that was my mistake I should have made that clear in my post, the correct term for marriage matters is a Wali. Asad and Dilshaad can not be Zoya's wali because it has to be a male from what I know, and if Asad and Zoya were to marry he can't be her Wali because of conflict of interest. If the father's name is unknown then you write the name of the Wali on the nikkahnama because he acts in place of her father.
You're right about the mutual consent part, and this is the biggest thing of all. The other details can always be worked out with, but consent is the first and foremost important thing in a nikkah. And you're right, it's not mutual consent in the sense that the situation is forcing both of them to go about this, and this whole thing has even left me confused. I honestly don't know where Gul is getting at in this situation and I'm really hoping she clears everything out otherwise it'll be really disappointing. Let's see how she plays this track out, lol.
Also how is Najma and Imran's nikkah invalid?


no no, a woman can be a wali.. check this link.. The Wali or Legal Guardian', # 1, 2nd para.. http://darululoom-deoband.com/english/books/nikah.htm

reg. Najma-Imran nikaah.. were there any 2 witnesses?? I couldn't see them.. Najma didn't sign the nikaah-nama.. Qazi didn't bother to ask Imran whether he accepts the bride or not.. no signatures of Imran were taken.. or we should assume that everything has happened but they didn't show that part.. logically its not possible coz there was continuity in the scene.. after Najma's third QH, everyone hugs Imran and gives mubaakbaad.. as per Qazi and Gul, nikaah was done.. so what was Imran's role in this nikaah?? remember, as per nikaah rules, Qazi has to ask the bride first and then groom.. so its not like Imran se pehle poocha hoga par hamein dikhaya nahin.. u cannot show the middle part of the procedure as per ur own convenience ke ho gaya nikaah.. Gul can show those fake wedding functions jashan e bahaar, jashan e saughat.. toh dhanng se nikaah dikhane mein kya diqqat hai..

Zoya wanted to stop N-I nikaah.. when she enters KV, at that time Najma was saying QH, the third time..didnt sign the nikaahnama yet so why Zoya didt stop the nikaah at once??

LaVita-E-Bella thumbnail
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Posted: 11 years ago
#33

Originally posted by: Annu..


no no, a woman can be a wali.. check this link.. The Wali or Legal Guardian', # 1, 2nd para.. http://darululoom-deoband.com/english/books/nikah.htm

reg. Najma-Imran nikaah.. were there any 2 witnesses?? I couldn't see them.. Najma didn't sign the nikaah-nama.. Qazi didn't bother to ask Imran whether he accepts the bride or not.. no signatures of Imran were taken.. or we should assume that everything has happened but they didn't show that part.. logically its not possible coz there was continuity in the scene.. after Najma's third QH, everyone hugs Imran and gives mubaakbaad.. as per Qazi and Gul, nikaah was done.. so what was Imran's role in this nikaah?? remember, as per nikaah rules, Qazi has to ask the bride first and then groom.. so its not like Imran se pehle poocha hoga par hamein dikhaya nahin.. u cannot show the middle part of the procedure as per ur own convenience ke ho gaya nikaah.. Gul can show those fake wedding functions jashan e bahaar, jashan e saughat.. toh dhanng se nikaah dikhane mein kya diqqat hai..

Zoya wanted to stop N-I nikaah.. when she enters KV, at that time Najma was saying QH, the third time..didnt sign the nikaahnama yet so why Zoya didt stop the nikaah at once??


I'm pretty positive a Wali can not be a woman. I double checked and asked my family as well as others. And I found this to back it up. It's one of the conditions for a Wali;
"He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: "No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf." (Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami', 7298)"

For Najma and Imran, I don't know if they planned on showing the whole thing, I think the purpose of that was just to make sure they showed the part where Zoya comes in at the last moment. Last I remember, I don't think it matters who the Imam/Qazi asks first. I agree, they shouldn't have shown the part they wanted to, but I think that's what they are expecting us to do, assume that it all happened. I don't think it matters either who the witnesses are, any two people in the room could have been witnesses.
I think that's the biggest problem in the show, Gul shows the audience what she wants to as per the requirement of the scene and what's to follow, but doesn't realize that it gives the audience the wrong impression and confusion on the whole ritual. Yes the full layout of the nikkah should have been shown, but we don't know what's going on in Gul's head. In my head I am going to assume everything else took place and that Imran and Najma's nikkah is valid until something else comes up or Gul plans for something to happen in the future.
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Posted: 11 years ago
#34

Originally posted by: janestone6

This is new. Never heard of this.



as for me.. i kno the nikkah is valid if only the girl's dad give permission ie yes and the boy yes! in presence of the imam!! provided they are already lawfully married l! 😛
rendezvousvin thumbnail
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Posted: 11 years ago
#35
In Zoya's case, her Aapi and Jeeju needs to give their consent for her marriage as they have adopted her and are the legal guardians for her... Then how will this be a valid Nikaah?

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