Can Marriage Be Performed During Ihram?
The Ruling on Performing Nikah in the State of Ihram
According to the light of Hadith, Imam Abu Hanifah (may Allah have mercy
on him) considers it permissible to perform Nikah while in the state of Ihram.
A brief and comprehensive discussion of this issue is presented below.
Nikah During Ihram in the Light of Hadith:
Hadith:
أَبُو حَنِيفَةَ: عَنْ سِمَاكٍ، عَنِ ابْنِ
جُبَيْرٍ، عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا، قَالَ: تَزَوَّج رسوَلُ اللَّه
صلی اللہ عَلَيْهِ وَسَلَّمَ مَيْمُونَةَ بنَتَ الْحَارِثِ، وَهُوَ مُحْرِم۔
Translation:
Abu Hanifah narrated from Simak, from Ibn Jubair, from Abdullah Ibn
Abbas (may Allah be pleased with them), who said:
"The Messenger of Allah (peace and blessings be upon him) married
Maimunah bint Al-Harith while he was in the state of Ihram."
Can Marriage Be Performed During Ihram?
Nikah During Ihram and the View of Imam Abu Hanifah:
Imam Abu Hanifah (may Allah have mercy on him) held the opinion that if
both a man and a woman are in the state of Ihram, their Nikah is valid.
Proofs of Imam Abu Hanifah:
No-1
Allah Almighty says:
فَانْكِحُوْا مَا طَابَ لَكُمْ مِنَ
النِّسَاءِ
Translation:
"Marry those women who are lawful and pleasing to
you."
This verse indicates that this divine command is absolute and general in
nature, and no exception for the state of Ihram can be derived from it.
No-2
The Hadith under discussion clearly states that the Prophet (peace and
blessings be upon him) married Hazrat Maimunah (may Allah be pleased with her)
while in the state of Ihram.
It is also narrated from Hazrat Aisha (may Allah be pleased with her)
that the Prophet (peace and blessings be upon him) married some of his wives
while in the state of Ihram.
No-3
A rational argument also supports this view. Nikah is a contract like
other contracts. Since there is no disagreement regarding the validity of other
contracts during Ihram, there should likewise be no disagreement regarding the
validity of Nikah.
Note:
Some jurists based their opinion on a narration stating that Nikah
cannot be performed during Ihram because the Prophet (peace and blessings be
upon him) was not in the state of Ihram when he married Hazrat Maimunah (may
Allah be pleased with her).
In response, Imam Abu Hanifah explained that the narration saying,
"The Prophet (peace and blessings be upon him) was not in Ihram when he
married," refers to the linguistic meaning of Nikah, namely marital
relations (consummation).
According to this explanation, the Prophet (peace and blessings be upon
him) performed the marriage contract while in the state of Ihram, but consummated
the marriage after leaving the state of Ihram.
This means that the marriage contract can be performed during Ihram, but
marital relations cannot take place during Ihram.
It is narrated that the Prophet (peace and blessings be upon him)
married Hazrat Maimunah (may Allah be pleased with her) at a place called Sarif
upon the request of Hazrat Abbas and his wife. On the return journey, at the
same place, he stayed privately with his wife Hazrat Maimunah (may Allah be
pleased with her), fulfilled marital rights, and held the wedding feast
(Walimah). Sarif is located about six kilometers from Madinah Munawwarah.
Source:
(Urdu Sharh Musnad Imam A'zam, Allama Yasin Qasoori, Progressive Books, May
2014, Kitab al-Hajj, p. 512.)
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