Questions Marriage and family

What are the types of nikah in Islam: valid, irregular and void?

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Short answer

Hanafi law sorts marriages into three. A valid nikah (sahih) meets every condition. An irregular nikah (fasid) misses one, such as witnesses, and must be ended at once, though if it was consummated, mahr, iddah and the child's lineage still follow. A void nikah (batil), such as with a close relative or a temporary mut'ah, has no effect as a marriage.

Hanafi position

A sahih nikah has all its pillars and conditions and carries every effect. A fasid nikah, for example without witnesses, with a woman in her iddah, or with two sisters together, gives no rights before intercourse and the couple must separate; after intercourse she is owed the lower of the named mahr and mahr al-mithl, observes iddah, and the child's lineage is established. A nikah with a permanent mahram or a temporary mut'ah is void.

Other madhhabs
Shafi'i
A nikah without a wali is not valid, so a marriage the Hanafis accept may need renewing for someone who follows the Shafi'i school.
Maliki
A wali is required for the nikah, as in the Shafi'i school.
Hanbali
A nikah without a wali is not valid, as in the Shafi'i school.

Explanation

People asking about "types of nikah" usually want one of two things: whether their marriage is valid, or which kinds of marriage Islam accepts. Islam has one kind of marriage, a permanent nikah, and the fiqh grades contracts by how complete they are.

  • Sahih (valid): offer and acceptance in one sitting, two qualified witnesses, lawful partners, consent and no time limit. See conditions of a valid nikah.
  • Fasid (irregular): a condition is missing, such as no witnesses, or the woman is still in another man's iddah. They must part as soon as they know. See nikah during iddah.
  • Batil (void): marrying someone permanently forbidden, such as a sister or aunt, or a marriage for a fixed period (mut'ah), which the Prophet ﷺ forbade until the Day of Judgement. See mut'ah.

Names you may hear, such as misyar, urfi, secret or online nikah, are not separate types. They are judged by the same test. See misyar, secret nikah and online nikah.

Rulings by a person's situation. Scholars also grade getting married itself: it is fard for someone sure he will fall into zina otherwise and who can afford it, wajib when the fear is strong, sunnah in normal conditions, makruh for someone who fears he will wrong a wife, and haram for someone sure he will. See is marriage obligatory. If you are unsure about your own nikah, ask a mufti rather than guessing.

The evidence

Quran, Surah An-Nisaa 4:24

۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًۭ ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ﴿٢٤﴾

And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.

Marriage is lawful outside the forbidden categories.

Quran 4:24, translation by Sahih International

Quran, Surah An-Nisaa 4:22

وَلَا تَنكِحُوا۟ مَا نَكَحَ ءَابَآؤُكُم مِّنَ ٱلنِّسَآءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُۥ كَانَ فَٰحِشَةًۭ وَمَقْتًۭا وَسَآءَ سَبِيلًا ﴿٢٢﴾

And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way.

Some marriages are void because the partner is forbidden.

Quran 4:22, translation by Sahih International

Sahih Muslim 1406

Sahih

... وإن الله قد حرم ذلك إلى يوم القيامة ...

"And Allah has forbidden that until the Day of Resurrection."

Temporary marriage is forbidden for ever.

Sahih Muslim 1406 · Sahih · Read on sunnah.com

Where the ruling is recorded

  • al-Durr al-Mukhtar, Kitab al-Nikah, opening section and Bab al-Mahr on the fasid nikah. The rulings of marriage by personal state, and the effects of a fasid nikah after intercourse.
  • Radd al-Muhtar (Ibn Abidin), Bab al-Mahr, on the fasid and batil nikah. The difference between irregular and void contracts in marriage.

Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.