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Validity of marriage

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My question was that a nikah done in secrecy for any necessary condition with just the boy and girl (both sane, free and adult) at one place in one room and while no one else is present in the room & the witnesses are over the phone valid? Regarding the matter I have contacted other muftis as well and they all say it is invalid and even I hope and believe that such nikah would be invalid. Brother please answer my question.

بسم الله الرحمن الرحيم

(Fatwa: 287/257/D=3/1439)

 

According to Shariah, it is mandatory for nikah to be valid that two witnesses are present in the meeting of nikah and the ijab-e-qubul are at the same meeting. Hence in the question mentioned above the nikah was not valid, and the Muftis who say that nikah was not valid they are right.

 

وشرط حضور شاهدين أي يشهد ان على العقد (رد المحتار 4/87) والشهادة: الإخبار بصحة الشيئ مشاهدة عيانا، يقال شهد عند الحاكم لفلان على فلان بكذا شهادة ، فهو شاهد (المغرب 1/259)چند اہم عصری مسائل 1/23)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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