Home » Hanafi Fiqh » DarulUloomTT.net » Is the Nikaah Valid?

Is the Nikaah Valid?

Answered as per Hanafi Fiqh by DarulUloomTT.net

Assalaamu Alaikum,
If the bride and groom had their nikkah done separately as in the groom was not in the same house or room as bride  is this nikkah valid

The bride and groom were in separate places at different times
So the bride was asked for her acceptance first and she accepted and everyone left the venue and then maybe an hour or two or three later the groom was asked for his acceptance
Is this nikkah valid ?

I also have another doubt regarding my nikkah but I would like the get an answer for this question first and then I will share my other problem as that is a bit complicated.

Wa Alaikumus Salaam,

It is a condition for the validity of Nikah that the two witnesses hear the ijab (proposal) and Qubool (acceptance) at the same time and the same place, which means that the proposal and acceptance must occur in the same place.

In Nikah, a wakeel or wali can act on behalf of the boy and on behalf of the girl also, when they have been appointed to do so.

In the case where you were asked for your acceptance, and after giving the acceptance, your wali (guardian) or wakeel (representative) went (after some time) to the groom in front of two witnesses and conveyed your acceptance to the marriage upon which the boy accepted, then this is valid since both the proposal and acceptance were done in the same sitting and the witnesses heard both statements at one time.

In this situation, your wali/wakeel (whom you have appointed) has officially represented you and your ijab (proposal), hence this is what is required to be uttered in the sitting where the two witnesses are present and where the Qubool (acceptance) of the boy takes place.

If however, you had no wali or wakeel to represent you and only your direct ijab (proposal-statement which came from you) was relied upon, then this Nikah will not be valid. The reason for this is that in this case, the proposal and acceptance were not done in one majlis (sitting), which is a requirement for the validity of Nikah, and the two witnesses did not hear the statements at one time in one sitting which is also a requirement for the validity of the Nikah.

And Allah Knows Best.

Mufti Waseem Khan


This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

Read answers with similar topics: