The boy and girl work together. They like each other, engaged, and their families on consensus to get them married. Both had to stay together while in a travel. They decided to perform the Nikah. The boy offered Salah and did dua. Then he said to the girl three times, “I accept you in my Nikah before Allah and in witness of malaik. Do you agree?” The girl nodded head in yes for the first time and verbally responded yes for two times. They did not do physical act (mubashirat) but they remained physically very close in the security of Nikah.
Please suggest if this Nikah is authentic? Can this Nikah remain authentic? Can any party move out of this relationship without any formal khula/talaaq?
Please suggest if this Nikah is authentic? Can this Nikah remain authentic? Can any party move out of this relationship without any formal khula/talaaq?
بسم الله الرحمن الرحيم
(Fatwa: 822/645/D=07/1435)
It is necessary that two Muslim witnesses are available at the time of ijab-o-qubul (exchange of proper words of nikah) for nikah to be valid, and apparently in the question mentioned above there is no witness available. If it is so that no witness was available at the time of ijab-o-qubul then this nikah was not valid as per the Shariah. Hence both the boy and girl may move out of this relationship without talaq or khula rather it is haram for them to meet each other.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband