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VALIDITY OF NIKAH.

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

As Salamu Alaikum,

  1. A man comes to a woman and asks her,’Have you married Rahim’ or ‘Did you marry Rahim?’ And the woman replies ‘yes,I have’ or ‘yes,I did.’ There are many people present during this conversation. Does it mean that the woman is married to Rahim?
  2. Does marriage take place if there are so many women as witnesses but no men?
  3. A woman once saw the private parts of man in an image or video and felt lust. She doesnot know whose private part this is and with whom she has established hurmat musahara.Now she wants to marry a man.Should she doubt that the private parts may be of the prospective groom’s father and the groom may be haram for her to marry? As this private part can be of any man in this world,Muslim or non Muslim,what should she do?

 

Answer:

Wa Alaikumu As Salaam,

  1. From what you have written, only the statement of the woman is known. There is no information regarding the statement of Rahim. For Nikah (marriage) to be valid, both Ijab and Qubool (are necessary), Ijab comes from one party and Qubool comes from the other party.

 

The statement coming from the woman will be considered as the Ijab (proposal), and this needs Qubool (acceptance) from Rahim, which is not present. It is also necessary that those who are witnesses to this marriage, must listen to both the Ijab and Qubool from both the parties of the marriage.

 

In light of the above, no marriage has taken place between the woman and Rahim. (Fatawa Mahmoodiya Vol. 10 pg. 496 Idara Al Farooq Karachi 2009)

 

  1. A marriage cannot take place with women witnesses alone. It is necessary that there must be either two males, adult, sane Muslim witnesses or one male and two females. ( Al Jawhara An Nayara  2 pg. 107 Qadeemi Kutub Khana Karachi, Fatawa Mahmoodiya Vol. 10 pg. 620 Idara Al Farooq Karachi 2009).

 

  1. Looking at the private parts of a man through a video or image with lust does not bring about Hurmat Musahara. This only comes about when one looks directly at the private parts of the body. (Kitabul Fatawa Vol. 4 pg. 364 Zam Zam publishers Karachi 2008 with reference from Ad Durr Al Mukhtar).

 

 

And Allah Knows best

Mufti Waseem Khan

18/01/2018

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

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