If the correct procedure was adopted in performing the Nikah, the marriage
The written contract is not a prerequisite for the validity of the marriage.
It may be kept for future references.
A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past and/or present tense
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 who must be
trustworthy and pious male Muslims. They should not be from among the girls
ascendants e.g. father, etc. nor from her descendants, e.g. son, etc.
Having said that, if the sister (attained puberty) wishes to represent
herself at the time and place of Nikah, then she may do so without a Wakeel.
This is according to the Hanafi Madhab – according to Shaaf’ee permission is
A marriage without the two witnesses is not valid. the relationship will be
illegal and Haraam.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai