Message No : 30Sr.No : 561/724
Question By : Hafsa

How much is the importance of words in nikah
if instead of saying thay sign oath stating that they are husband and wife in the presence of wittnesses, then what is the legal status?

 

Reply By : Asadullah Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the most Gracious the most Merciful
The answer to your question is as follows:
A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The Mahr (dowry) is the woman's right and should be stipulated prior to the marriage.
As per above detail it is clear that the Nikah in the manner that you talked about is not valid in Shariah, because there is no Ijaab and Qabul from any side but it is just an information. Yes it can be done after performing Nikah according Shariah and it would be proof and evidence of marriage.(And Allah knows the best)

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