If a girl and boy have realistic intention of nikah and they do ijab o qubul and after that they do foreplay with each other and enjoy sex without intercourse took place and there was no witness at the time of ijab o qubul, will this nikah is valid? I was told that in this case the intercourse takes place then it is a valid nikah, please guide in this matter.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1474/1462/N=11/1434)

Nikah does not take place by the ijab and qubool of boy and girl without witnesses. They will not become wife and husband for each other even after such ijab and qubool. Therefore, their sexual acts and intercourse will remain unlawful and haram. It is mentioned in Majma’ al-Anhur (1/472, pub Darul Kutub al-Ilmiyah Beirut):
وشرط ایضاً حضور شاھدین الخ ومثلہ فی الکتب الاخری من الفقہ
It is wrong what you were told that nikah is validated by intercourse. There is no such provision in Shariah. The one who told you so seems to be ignorant and transgressor, may Allah grant him hidayah.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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