Misinterpreting the Hadith

Q: Does this hadith give the right to a man to marry himself to a woman, just them two, without nikaah because it says (المسلمون على شروطهم)

A: The laws of Shariah are subject to certain conditions and requirements being fulfilled. If the conditions and requirements are found, then the law will come into effect. If the conditions and requirements are not found, then the law will not come into effect.

Consider the example of nikaah. If a person says to his wife's sister that I have accepted you as my wife and she responds saying that I agree, will the nikaah take place based on the Hadith that you have presented? Definitely the nikaah will not take place as it is not permissible for one to marry his wife's sister while his wife is in his nikaah. The Hadith has prohibited marrying two sisters at the same time. Hence, the nikaah of the second sister one marries will be null and void.

Hence, just as you have understood that this Hadith cannot be presented to allow being married to one's wife's sister while one is married to his wife, similarly, you should understand that marrying a woman also has certain conditions and requirements. The Hadith explains that nikaah will only take place if it is performed in the presence of two male, baaligh, sane, Muslim witnesses. If witnesses are not present, the nikaah will not be valid.

We advise you not to refer to the Ahaadith directly and try to reach your own conclusion. This self-study approach will only create confusion for yourself and others. If you wish to understand the Mubaarak Ahaadith of Rasulullah (Sallallahu Alayhi Wasallam) correctly, then you should refer to those who are qualified in the field of Hadith.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)