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I propose a girl for marriage, she accepts. we write it down on a piece of paper, decide on the Maher, the two adult sane witnesses are there and they sign. is this marriage acceptable in Islam?

Answered as per Hanafi Fiqh by Askimam.org

1) If I propose to a girl for marriage and she accepts and we writ it down on a piece of paper, decide on the Maher, the two adult sane witnesses are there and they sign the piece of paper as well, and then I give them a treat as a waleema so is this marriage acceptable in Islam? (2) Is the method of Istikhara accepted, when a person reads Surah-e-Fathia 1 time, then Al-Iqlas 3 times and then Durud Shareef 15 times, then recites the Dua of Istikhara having the intention of doing the thing, holds the tasbih in the left hand from any spot and moves a beat at a time, reciting Laillahaillalah, Subhanallah, Allhamdullilah one by one and if the last beat ends with Alhamdullilah he shall do what he intended to do?

Answer

1. The Nikah will be valid. However, to perform Nikah in the Musjid and to announce the Nikah are both Mustahabb. Refer below

2. The enquired method of Istikhaara has no basis in Shari?ah.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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 witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or decendants e.g. son, grandson, etc.

The Mahr (dowry) is the woman’s right and should be stipulated prior to the marriage.

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