This Nikah can only be validated if re-performed. - Page 5

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kaussar thumbnail
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Posted: 11 years ago
#41

Originally posted by: moniloveasya

Kass its really very confusing i really dont know what they want to show. If this is for very short period then why this crap.i dont think zoya will come to know that gaffur is her father n also zoyaan fall for each other than what is the use of this track.only for drama.



yea Moni.. i know its very confusing right now, especially to those who don't know anything about marriage in Islam... hopefully they will clear it when this track ends.

even i don't feel that Zoya will come to know about ghaffur during this track.. But i don't think Ayaan will fall for Zoe and Zoe for Ayaan.. this track and the story of Qh is not going according to that synopsis.. lets be a little positive even if we are disheartened by the way this track is going.
😊
-khaleesi- thumbnail
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Posted: 11 years ago
#42

Originally posted by: kaussar



yea Moni.. i know its very confusing right now, especially to those who don't know anything about marriage in Islam... hopefully they will clear it when this track ends.

even i don't feel that Zoya will come to know about ghaffur during this track.. But i don't think Ayaan will fall for Zoe and Zoe for Ayaan.. this track and the story of Qh is not going according to that synopsis.. lets be a little positive even if we are disheartened by the way this track is going.
😊


I think the same.. Otherwise they would not have developed AyRa to the extent they have. 😊
-khaleesi- thumbnail
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Posted: 11 years ago
#43

Originally posted by: kaussar



There are Four mazhab's( schools of thought ) in Islam upon which islamic Sharia and Law is established.. and there are minor differences among these four schools of thoughts and i guess one of them says that Wali is not mandatory.. Perhaps your mom is saying that because of that.. but among majority, Wali is needed as i explained before.

yea i also hope they clear all this nicely, because people want to learn about Muslim weddings as well and this is the only serial based on Muslims that is being shown right now...and all this twists and tricks brought for the sake of drama is actually confusing people... And so they have an obligation to give correct information at least at the end of this.😊


No no, wali is mandatory. But in certain situations like those you mentioned, its acceptable to perform the marriage without a wali. 😊
kaussar thumbnail
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Posted: 11 years ago
#44
[QUOTE=-KSGsmitten-]
I think the same.. Otherwise they would not have developed AyRa to the extent they have. 😊
[/QUOTE ]
Agree.. and its really interesting that Humaira was not even mentioned in the synopsis.. but from day one, in the actual episodes humaira's character is shown to be as important as Zoya, Ayaan and Asad.. remember the first epi.. while nikhat's rishta talk went on and Ayaan was introduced.. his flirting and his banter with humaira and their nok jok was one of the highlights of that epi.. So humaira and Ayra is one important decision maker here, which we cannot ignore.😊

-khaleesi- thumbnail
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Posted: 11 years ago
#45
The name written on the paper is Zoya farooqui and beside that its written Anwar farooqui.
See,


bheegi thumbnail
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Posted: 11 years ago
#46
Here is a message I received from another knowledgable Muslim friend:

The nikaah remains invalid'.

And here's why:

1) Zoya's Wali. In the absence of biological parents, one needs a Wali. A Wali cannot be connected the groom's family. S/he has to be wholly independent of the groom's family because the purpose of a Wali is too look out for the bride. In this case, they are all connected or related the Ayaan in some way or another.

2) Zoya's Walis are Zeenat and Anwar. No two ways around that. Her parents are either dead' or missing and the moment they adopted Zoya they became her legal guardians, and even biology cannot supersede that. Even if Ghafoor was revealed to be her father at this juncture, he is not her legal parent, and therefore not a Wali.

3) Just watched the video, neither said qubool hai' but actually legitimised the nikaah. This is not dissimilar to the situation we had back in June with Ayaan and Humeira. While legal (had Badi Bi not intervened) because the formalities were complete, the method was suspect and that made the nikaah invalid. It's like a day-old expired driving licence. It's legitimate and legal because it was obtained from the right channels but invalid because of the date on it.

4)Both agreed to marriage in coercion. Islam is clear on the matter; no form of force validates a nikaah. So every forced marriage is actually invalid in the eyes of God and the religion; just not it's warped practitioners. Ayaan and Zoya aren't willingly agreeing to this because they want to but because they have been pressured into making this choice. Coercion has happened here.

I mean at this juncture, if they wanted, they could have Anwar and Zeenat arrive and just render the whole situation invalid without so much as breaking a sweat. Zoya is not the legal responsibility of Asad, Dilshaad, Rashid or Ayaan, which means her guardian needs to be present. Even if they arrange a Wali', in light of the fact that Zoya has legal guardians that Wali is invalid.

More importantly, I haven't seen the requisite two witnesses either and these two witnesses have to be independent of the Ahmed Khans and Zoya.

There's also the issue of the nikaahnaama itself. A nikahnaama has a built in pre-nupt and it includes the rights of the husband and wife. In the Subcontinent, it's fairly common practice for the religious leaders to cancel' the rights of the wife, including her right to divorce, unless a family elder (specifically a Wali) intervenes. They automatically cancel unless the Wali objects.

-khaleesi- thumbnail
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Posted: 11 years ago
#47
Thanks again Sangeeta Ji. This clears the clouds further. Pls make this a seperate post so others can know about this. Most people are confused and are thinking that Ayaan and Zoya would be considered divorcees now.
bheegi thumbnail
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Posted: 11 years ago
#48

Originally posted by: -KSGsmitten-

Thanks again Sangeeta Ji. This clears the clouds further. Pls make this a seperate post so others can know about this. Most people are confused and are thinking that Ayaan and Zoya would be considered divorcees now.


This friend is going to write a longer piece and then I will make a separate post...I just posted the brief version

Gul is actually giving a message here- that Islam doesn't allow coercion and a woman has equal rights. Not everyone follows this practice in the real world.

Hats off to Gul!
-khaleesi- thumbnail
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Posted: 11 years ago
#49

Originally posted by: bheegi


This friend is going to write a longer piece and then I will make a separate post...I just posted the brief version

Gul is actually giving a message here- that Islam doesn't allow coercion and a woman has equal rights. Not everyone follows this practice in the real world.

Hats off to Gul!


I agree, contrary to popular opinion she is actually shedding light on what wrong happens, she's not showing and glorifying something wrong.
She's actually taking a huge risk but when the things clear out and the message sent is loud and clear, it would all be worth it. 😊
farikhan23 thumbnail
Posted: 11 years ago
#50
now its very important forgulkhan give masg soon about this other wise sheis in danger itsvery sensitive issue

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