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Question 9656 um i wanted to ask that i want get nikkah without my parents …do i need witness to be male. i’m a girl.Also can the witness be a friend?

Answered as per Hanafi Fiqh by Askimam.org

I don’t want my parents to so in order to do nikkah how many withness do i need Does the withness have to be male Also i’m the girl.Also can the withness be a friend? jaza kahallah

Answer

According to the Hanafi Madhab, an adult female has an independent choice to get married. She does not require the consent of her guardian, for example, father for the validity of her marriage.

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.

It is our advice that you discuss the matter with your parents and make them part of your decision making process. Their advice and guidance for you will be motivated by their love for you.

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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