[Q 350] Validity of Nikah Officiated By a Non-Sunni Imam

Question

Someone requested me to ask this question. It’s about a nikaah in two weeks’ time. The person is of Sunni aqeedah. So it’s urgent. I am grateful if mufti sahab can enlighten us on this matter.
The question is:
My father in law has selected one imaam from a different aqeedah (belief) to perform nikkah
I tried to change his decision, but things are getting worse
He is fighting with my fiancée and her mother
According to shariah, it’s the responsibility of the girls’ side to organise nikka
I want to know if the nikka will take place or if i have to do it again.

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

If the Nikah of a Sunni person, who is sound in their creed, is officiated by someone who is a deviant in their creed, the Nikah will still be valid. There is no need to have the Nikah officiated again, because the person conducting the Nikah is simply an agent (Wakil), and it is not required for the agent to be a Muslim for his agency to be valid.
However, it is impermissible and sinful to have someone who is a deviant in their creed officiate the Nikah, i.e. it is sinful for the person who arranges this. This is because when you ask someone to officiate the Nikah, you are essentially honoring that person, whereas honoring anyone who is deviant in their creed is impermissible and sinful.

Imam Ahmed Rida Khan عليه الرحمة states in response to a similar question:
The Nikah will indeed be valid, because a Nikah simply comprises proposing and accepting between 2 parties, even if a Brahman officiates it. Now, since having a Wahabi officiate the Nikah honors him, which is forbidden, it must be avoided.

(Ahkaam-e-Shariat, Pg. 218, Imam Ahmad Raza Academy)

Answered By: Asif Raza Madani (Ask Mufti scholar)

Verified By: Mufti Sajid Attari

Translated Answer

Date: 1st June, 2024