This Nikah can only be validated if re-performed. - Page 6

Originally posted by: -KSGsmitten-

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. 😊

Originally posted by: bheegi

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.

Originally posted by: starsinmyeyes

@Sangeeta: I totally respect your POV...I wish it were about the message..but as per Gul..it's a brother's clash...this is not high class realism...it's pure drama

Originally posted by: -KSGsmitten-

The name written on the paper is Zoya farooqui and beside that its written Anwar farooqui.

See,

Originally posted by: bheegi

What Gul needed to do is clarify some of these issues before the start of this track. Maybe had an honest qazi speak to Dilshaad or someone about what a valid nikaah is. Right now there is a lot of confusion...

Yes, of course this is drama but if there is a message hidden in there, I don't mind it

Originally posted by: kaussar

this makes it more twisted.. how can the Qazi's prepare the nikahnama as Zoya Farouqi,when they recited Zoya fareed during the ceremony..😆

Originally posted by: bheegi

<font color="#3300cc">That's why people need to be patient and let Gul tell her story..</font>

Originally posted by: starsinmyeyes

From where I see it..this track seems to be an afterthought coz of the original build up...had she wanted to pass on a message..it could have been done right then when she was at SM...in front of everyone..it would have passed 2 messages...that she knows her religion and culture despite her upbringing away from her country and bringing to the notice of everyone that Nikah cannot happen like this...her commodification has worsened things further...and what's worse is that the maker blatantly talks about not giving high class realism and a message..she talks about a brother's clash..I am just repeating what Gul said when asked about the motive of her show