Message No : 10Sr.No : 214/724
Question By : Muhammad Nazir

As Salaamu Alaikum

For the attention of your fatwa department

QUESTION :-
Nazir an adult Sunni Hanafi Muslim aged 39 makes intention to make Nikah with Naseema an adult Sunni Hanafi Muslim aged 36. Nazir is a married person with children. Both Nazir & Naseema work together and have developed this relationship over 14 years. Nazir also mentioned that he will provide for her as a wife someday as soon as he is on firm standing in so far as his wife is concerned.

Arrangements are made for the Nikah to take place after Jummah at a local Musjid. Before the Jummah Azaan the Qazi who is a Sunni Alim comes to the girl alone in the presence of Nazir and asks her if she agrees for him to perform her Nikah with Nazir for X amount in Mehar. Naseema agrees. At that time there were no witnesses available or appointed.

After Jummah Salaat two Musallies acted as witnesses (who can still be located) and the Qazi informed the witnesses that he has already asked Naseema if she agrees for him to perform her Nikah with Nazir for X amount in Mehar and that she agreed.

The Nikah is then performed and in all the rush some details in the book were omitted such as ID No and the signature of the witnesses.

In light of the above, is this Nikah valid or invalid and if invalid what is the remedy.

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

(Note: It is highly regretted that the answer of your question could not find you in time, because the organization has been shifted to a new place and it took more than two months to be settled. Pray for the better future of the organization.)

In the name of Allah, All Gracious, All Merciful

Wa Alaikumossalam

Dear Brother in Islam,

The answer to your question is as follows:

Naseema, in the case referred to the above-mentioned question, authorized the Sunni Alim to give her in the Nikaah of Nazir and he did so in presence of the required witnesses (two matured and sensible Muslim male or one male and two females). Therefore, the Nikaah will be valid in a case if Naseema was recognized to the people, particularly to the witnesses or her father¡¯s name was taken alone with her name while performing the Nikaah. (Raddul Muhtaar Ala Durril Mukhtaar Maktaba Published by ¡®Rasheediah¡¯, Vol: 2 Page: 285) But if she was unidentified or her father¡¯s name was not taken, the Nikaah will be invalid. (Ibid: 290)

And Allah knows the best,

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