is this nikah accepted?

Answered according to Hanafi Fiqh by Askimam.org

I want to know if a boy and girl(i mean two lovers)  are in a lonely place and they see into each other eyes with love and recite “nika tuhaa,kabil tuhaa” (and they were really aiming to get nikha) ,so is that nikha accepted???there is no gawaa between them except Allah.and they keep that nikah secretly (i mean don’t tell anybody even their parents).actually they meet each other daily coz they are in the same university and they dont’ want to get sin ,so they nikah secretly.so is that kind of nikha accepted???

if accepted then can they nikha agian with gawa??then they let their parents know by making nikah again.
 
Please  answer for  my question.I will be really grateful to you.Jazakallah.
 
Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The Nikah will not be valid. Below is our standard answer on how to perform Nikah.

The Nikah will be only 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 knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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