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Validity of Nikaah: Confession vs. Supplication and Permission

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is on the validity of Nikaah. Is the nikaah valid by mere confession between a boy and a girl that they accept each other as husband and wife? without any supplication or dua ?and without anybody’s permission? And also what will be the kaffara if they are doing so?

Bismillaah

A: If there were no witnesses present, the nikaah will not be valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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