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Validity of the Following Nikah

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Fatima Begum

Question

When the imam asks the bride about her opinion on marriage and the bride replies like this: “yes I give my hand in his (groom) marriage”, is this the correct sentence she said? Or is the nikah valid?

In the name of Allah, the Most Gracious, the Most Merciful

Answer

The conditions for a nikah to be valid according to Shariah are that there should be offer and acceptance (from the couple or a proxy) in one session, which should take place in the presence of two adult male witnesses or one adult male and two adult female witnesses. (Hidayah, Vol 2, p.305-306).

When the imam offers the bride the proposal, her saying the quoted sentence is acceptance. The nikah will be valid as long as this is carried out in the presence of the required witnesses (as mentioned above).

Only Allah knows best.

Written by Alimah Fatima Begum

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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