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Is it possible to have nikkah WITHOUT an imam? Is it compulsory for nikkah khutbah and can it be done by someone else such as just a hafez not aalim?

Answered as per Hanafi Fiqh by Askimam.org

Assalamualykum, id like to know wethere or not a imam is compulsory for a nikkah, is a kutbha compulsory? If so, does it HAVE to be read by imam? I am in a very bad position here desperately needing help to prevent me from committing more sin and because we are young we don’t want anybody to find out such as parents? Please please can you tell me if its is possible for us to have nikkah?with witnesses, following all rules, except without an imam and if possible can you go through the whole nikkah process, including mehr, the actual kutba, everything, so we can do it, if not possible without aalim then with one. We are stuck in very terrible position and desperately needing your help Mufti Saab, Jazakallah. Assalamualaykum

Answer

The Nikah will be valid with the following conditions:

1. There must be a proposal from one side, e.g. ?will you marry me?? and there must be acceptance from the other side. The acceptance should be in the past tense, e.g. ?I have married you?, ?I have accepted?.

2. The proposal and acceptance must take place in the presence of two Baaligh (mature), sane Muslims.

If these two conditions are found, Nikah will take place. An Imaam and the Khutbah are not conditions for Nikah. (Qudoori pg.157; Qazi)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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