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Has Ahmad and Farhat’s Nikah been completed due to Jawid’s mother’s statement and two witnesses?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Ahmad and Farhat love each other but had not done nikah yet and therefore cannot meet openly. Therefore, Jawid (a friend of Ahmad) helped them. He asked his mother that Ahmad and Farhat are engaged (namzad) and they will come to our home to meet each other, since Farhat and Ahmad’s family is so strict that they do not let them to meet. Jawid’s mother agreed. Once Ahmad, Farhat was at Jawid’s home, seated together with Jawid, his mother and grandmother. Jawid’s mother introduced Ahmad to Jawid’s grandmother and said Farhat is namzad (means fiance) of Ahmad. (In our culture the word namzad is mostly used and understood in the sense of when boy and girl have done Nikah). At this time Ahmad and Farhat remained silent (means showed their agreement to what Jawid’s mother said). Please tell me in this case whether the fardh of Nikah between Ahmad and Farhat is done? Because there were two witnesses (Jawid and two women (Jawid’s mother and grandmother).

Answer

(Fatwa: 391/311/B=1434)

By adopting the said method and by the silence of Ahmad and Farhat, nikah was not solemnized. The basic element of nikah is ijab-o-qubul which was missing here. Hence nikah was not valid.

Allah (Subhana Wa Ta’ala) 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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