Marriage Contract, - * Getting married in the embassy with two non-Muslim witnesses

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I got married in a non-Muslim country in the embassy of the country that my wife is from, so that she would have a wali (guardian), but the witnesses were not Muslim. Is my marriage permissible despite that?.
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Praise be to Allaah.
In order for a marriage to be valid, it is essential to have two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali and two witnesses of good character.” Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani inSaheehal-Jaami’, no. 7557
Ibn Qudaamah (may Allaah have mercy on him) said: Marriage cannot be done except with two Muslim witnesses, whether the couple are both Muslims, or only the husband is Muslim. This was stated by Ahmad, and it is the view of al-Shaafa’i, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali and two witnesses of good character.” End quote fromal-Mughni(7/7).
The majority of scholars are of the view that having witnesses is essential to the validity of the marriage, except the Maalikis who say that it is permissible to delay the witnessing of the marriage until before consummation, and it is not necessary for it to be at the time the marriage contact is done. Based on this, if two Muslim witnesses testify to your marriage now, before consummation, it is valid. SeeHaashiyat al-Dasooqi(2/216).
Some of the scholars are of the view that having the marriage witnessed is not an essential condition, rather it is sufficient to announce the marriage; if the marriage is proclaimed and announced, it is valid. This is the view of al-Zuhri and Imam Maalik.
This view was favoured by Shaykh al-Islam Ibn Taymiyah and was regarded as more correct by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). See:al-Sharh al-Mumti’, 12/94.
Shaykh al-Islam (may Allaah have mercy on him) said: Undoubtedly a marriage that is announced is valid even if it is not witnessed by two witnesses. But if it is concealed and witnessed that is subject to further discussion.
If it is both witnessed and announced, there is no dispute as to its validity.
If it is neither witnessed nor announced, then it is invalid according to most scholars; even if some held a different view, they are very few. End quote fromal-Ikhtiyaaraatal-Fiqhiyyah, p. 177.
Based on this, if the marriage was announced and became known, then it is valid, but it is better to repeat the marriage contract in the presence of the wali and two witnesses of good character who are Muslims, based on the view of the majority.
And Allaah knows best.

Marriage Contract, - * What is the time for the wedding feast (waleemah)?

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I am going to get married, in sha Allah, and I want to follow the Sunnah of the Messenger (blessings and peace of Allah be upon him) by offering a wedding feast (waleemah). My question is: when is the right time to do it? What is the number of people to be invited? Please note that in our country the invitation and offering food is done before the marriage contract is done. Is this regarded as a waleemah and will this duty then be waived if one does that?.
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Praise be to Allaah.
Firstly:
It is best to do the wedding feast (waleemah) after the marriage is consummated, following the example of the Prophet (blessings and peace of Allah be upon him). But if that is not possible, then there is nothing wrong with doing it before the marriage is consummated, or when the marriage contract is done, or after that.
The matter is broad in scope, but it is better to pay attention to what is usually done in your country, because there is no shar‘i text to indicate that it is obligatory or mustahabb to do it at a certain time.
Al-Haafiz Ibn Hajar said: The salaf differed concerning the time (for the wedding feast): should it be at the time of the marriage contract, or after it, or just before consummation of the marriage, or after that; it could be at any time from when the marriage contract is first done until after the marriage is consummated. There are several scholarly opinions. End quote.
Fath al-Baari, 9/230
As-San‘aani said:
Al-Mawardi, one of the Shaafa‘is, stated that it should be just before consummation of the marriage.
As-Sibki said: What has been narrated concerning the action of the Prophet (blessings and peace of Allah be upon him) is that it comes after consummation of the marriage.
It is as if he was referring to the story of the marriage of Zaynab bint Jahsh, because Anas said: When the day dawned, the Prophet (blessings and peace of Allah be upon him) was a bridegroom to Zaynab, and he invited the people (to a meal).
Al-Bayhaqi included this hadeeth under the heading: Chapter: The time of the waleemah.
End quote fromSubul as-Salaam, 1/154
The hadeeth of Anas was narrated by al-Bukhaari (4793) and Muslim (1428) as follows: When the day dawned the Messenger of Allah (blessings and peace of Allah be upon him) was a bridegroom to Zaynab bint Jahsh, whom he married in Madinah, and he invited the people to eat in the forenoon.
According to a version narrated by al-Bukhaari (5166): When the day dawned, the Prophet (blessings and peace of Allah be upon him) was a bridegroom to her, then he invited the people and they had some food.
Shaykh al-Islam Ibn Taymiyah said: The time and description of the waleemah in the hadeeth of Zaynab indicate that it followed consummation of the marriage. End quote.
Al-Ikhtiyaaraat al-‘Ilmiyyah, p. 346
Al-Haafiz Ibn Hajar said: The hadeeth of Anas clearly indicates that it came after consummation, because he said: “When the day dawned, he was a bridegroom to Zaynab and he invited the people …”
Some of the Maalikis regarded it as mustahabb for it to just before consummation, which should come after it, and this is what people do nowadays. End quote.
Fath al-Baari, 9/231
Al-Mardawi said: It is better to say that the recommended time is flexible; it may be at any time from when the marriage contract is done until the end of the days of the wedding.
That is because there is a report to support that, and because joy is greatest after consummation. But the custom nowadays to do it shortly before consummation. End quote.
Al-Insaaf, 8/317
Al-Bukhaari said: Chapter on the duty to accept invitations to wedding feasts; the one who gives a waleemah for seven days and the like; the Prophet (blessings and peace of Allah be upon him) did not specify that it should be for one or two days.
Al-Haafiz said: i.e., he did not set a specific time for the waleemah or say that it is obligatory or mustahabb; that may be understood from the general meaning of the hadeeth.
Ad-Dameeri said: The fuqaha’ did not set a specific time for the wedding feast, but the correct view is that it should be after consummation of the marriage. The shaykh (i.e., as-Sibki) said: It is permissible to do it before or after; the matter is flexible and it may be done at any time after the marriage contract is done, as was stated by al-Baghawi
Al-Najm al-Wahhaaj, 7/393
Ibn Tuloon said: The more correct view is that one should refer to what is customary.
End quote fromFass al-Khawaatim fima qeela fi’l-Walaa’im, p. 44
Shaykh Saalih al-Fawzaan said: The time for giving the wedding feast flexible, starting from the time of the marriage contract until the end of the days of the wedding.
End quote fromal-Mulakhkhas al-Fiqhi, 2/364
Secondly:
There is no set number of guests to be invited; rather that depends on what a person can afford.
Ibn Battaal said: The waleemah (wedding feast) is obligatory, according to one’s means. There is no minimum number of people that must be invited.
End quote fromSharh Saheeh al-Bukhaari, 13/283
And he said:
The more you add (to the number of guests) at the wedding feast the better, because that helps to announce the marriage more widely and increases the supplications for blessing of one’s family and wealth.
End quote fromSharh Saheeh al-Bukhaari, 13/282.
And Allah knows best.

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Invalid Marriages, - * Her husband reviles Islam and does not pray, but if she gets divorced from him, she will be forced to work and take off her hijab

* TO EXPAND OUR " DAWA WORK, IN INDIA" - WE NEED 'FINANCIAL HELP' FROM PUBLICS. - JOIN & HELP OUR WORK! - DONATE ANY AMOUNT - through - BANK-(OR) -CREDIT, DEBITE CARDS to - IFSC : IDIB000T097- * CIF : 3123738538,- Bank Name: Indian Bank,Branch Number : 01374, - SB A/C . 6208002884 - INDIA/ THANKING YOU! - {MAY OUR CREATOR BLESS YOU AND US!!} - (Alhamdulillaah/) - ▌▌Regards,NAJIMUDEEN M* CONTACT- aydnajimudeen@ gmail.com

I have been married for thirteen years to a husband who is thirty years older than me. The problem is that from the first day, we have not got on at all. I have thought of divorce, but I have three children. I was not religious before, but now – praise be to Allah – I never miss any prayer and I am raising my sons in Islam. Even though we are living in Belgium, praise be to Allah my children speak Arabic well. The problem is that my husband never prays, not even in Ramadan, and he has never entered a mosque in his life, and he always reviles Islam. By Allah, I am fed up with this life, but if I get divorced I will be forced to go out to work and take off my hijab. I have not let him be intimate with me for two months, since I read your fatwa on this website. Now we are living in one house, but it is as if he is not here; we do not speak and we do not sleep in the same room.
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Praise be to Allah.
If your husband reviles Islam and does not pray, then it is not permissible for you to stay married to him, because the one who reviles Islam is a disbeliever according to scholarly consensus, and the one who does not pray out of laziness is also a disbeliever, according to the more correct of the two scholarly opinions.
If the marriage contract was done at a time when the husband was not praying or when he was reviling Islam, then the marriage was never valid in the first place.
If the status of disbelief came after the marriage contract, and the husband continued in his disbelief until your ‘iddah ended, then you are completely separated from him, and you are not permissible for him except with a new marriage contract, on condition that he repent and come back to Islam.
Based on that, it is not permissible for you to let him be intimate with you or to be alone with you; rather he is a non-mahram to you. Complete separation does not depend on him issuing a divorce (talaaq); you are not permissible for him whether he issues a divorce or not.
Now you have two options:
1. To live with your children in the same house that this husband is living in, on condition that you be separated completely from him and that there be no risk of intimacy occurring, and that you tell him that you are not permissible for him, and that intimacy with him when he is still behaving this way is haraam;
2. To become completely independent and to look for work and accommodation. Undoubtedly this is better and safer for you; perhaps when you look you will find permissible work where you will not be forced to take off your hijab.
If the problem is a choice between taking off the hijab and staying with this husband who is not permissible for you, and there is the fear that you may commit forbidden actions with him, then taking off the hijab is less serious, but we hope that you will not be forced to choose one of these two options and that Allah will bless your husband by enabling him to repent and mend his ways, or that you will find a job where you do not have to take off your hijab. There are many ways of earning a living, such as teaching children in your house or their house, or working as a seamstress or typist or translator, or working in an Islamic centre, even if you have to move to another city, or you could go back to a Muslim country.
Keep asking Allah may He be exalted, and beseeching Him, and do a lot of righteous deeds.
We ask Allah to grant you relief and to take away your worry and distress, and to protect you and your children.
And Allah knows best.

Invalid Marriages, - * Her husband reviles Islam and does not pray, but if she gets divorced from him, she will be forced to work and take off her hijab

* TO EXPAND OUR " DAWA WORK, IN INDIA" - WE NEED 'FINANCIAL HELP' FROM PUBLICS. - JOIN & HELP OUR WORK! - DONATE ANY AMOUNT - through - BANK-(OR) -CREDIT, DEBITE CARDS to - IFSC : IDIB000T097- * CIF : 3123738538,- Bank Name: Indian Bank,Branch Number : 01374, - SB A/C . 6208002884 - INDIA/ THANKING YOU! - {MAY OUR CREATOR BLESS YOU AND US!!} - (Alhamdulillaah/) - ▌▌Regards,NAJIMUDEEN M* CONTACT- aydnajimudeen@ gmail.com

I have been married for thirteen years to a husband who is thirty years older than me. The problem is that from the first day, we have not got on at all. I have thought of divorce, but I have three children. I was not religious before, but now – praise be to Allah – I never miss any prayer and I am raising my sons in Islam. Even though we are living in Belgium, praise be to Allah my children speak Arabic well. The problem is that my husband never prays, not even in Ramadan, and he has never entered a mosque in his life, and he always reviles Islam. By Allah, I am fed up with this life, but if I get divorced I will be forced to go out to work and take off my hijab. I have not let him be intimate with me for two months, since I read your fatwa on this website. Now we are living in one house, but it is as if he is not here; we do not speak and we do not sleep in the same room.
-
Praise be to Allah.
If your husband reviles Islam and does not pray, then it is not permissible for you to stay married to him, because the one who reviles Islam is a disbeliever according to scholarly consensus, and the one who does not pray out of laziness is also a disbeliever, according to the more correct of the two scholarly opinions.
If the marriage contract was done at a time when the husband was not praying or when he was reviling Islam, then the marriage was never valid in the first place.
If the status of disbelief came after the marriage contract, and the husband continued in his disbelief until your ‘iddah ended, then you are completely separated from him, and you are not permissible for him except with a new marriage contract, on condition that he repent and come back to Islam.
Based on that, it is not permissible for you to let him be intimate with you or to be alone with you; rather he is a non-mahram to you. Complete separation does not depend on him issuing a divorce (talaaq); you are not permissible for him whether he issues a divorce or not.
Now you have two options:
1. To live with your children in the same house that this husband is living in, on condition that you be separated completely from him and that there be no risk of intimacy occurring, and that you tell him that you are not permissible for him, and that intimacy with him when he is still behaving this way is haraam;
2. To become completely independent and to look for work and accommodation. Undoubtedly this is better and safer for you; perhaps when you look you will find permissible work where you will not be forced to take off your hijab.
If the problem is a choice between taking off the hijab and staying with this husband who is not permissible for you, and there is the fear that you may commit forbidden actions with him, then taking off the hijab is less serious, but we hope that you will not be forced to choose one of these two options and that Allah will bless your husband by enabling him to repent and mend his ways, or that you will find a job where you do not have to take off your hijab. There are many ways of earning a living, such as teaching children in your house or their house, or working as a seamstress or typist or translator, or working in an Islamic centre, even if you have to move to another city, or you could go back to a Muslim country.
Keep asking Allah may He be exalted, and beseeching Him, and do a lot of righteous deeds.
We ask Allah to grant you relief and to take away your worry and distress, and to protect you and your children.
And Allah knows best.