Question:salaamz
Mufti saab i would like to know if there is anything such as a marriage in the sight of Allah? this means with there being no witnesses nor wali jus a guy and girl alone, guy asks girl to marry him and girl says yes. Is a contract like this even valid in Islam? For with what little knowledge i have i know for a fact that witnesses must be present for a nikaah to be valid, also could it be that this is a opinion of other madhaahibs besides hanafi?
jazzackallaah khair
Answer: Assalamu Alaikum,
Marriage in the sight of Allah is one which fulfills all the laws of the sacred Shariah. The Shariah requires witnesses to be present at the NIkah, hence, if they (the witnesses) are not present, the marriage will not be valid.
There is no Madhab or scholar that allows such a marriage. The laws of the Shariah are very clear on this matter and there is no difference of opinion among the scholars in this regard.
In this regard, it is written: ‘The four Mazhabs are unanimous upon the fact that having witnesses is a condition for the validity of a marriage. Therefore, it is not valid without witnesses. This is based on the Hadith of Aisha (R.A), in which she said: “There is no Nikah except with a Wali and two just witnesses” (Dara Qutni, Ibn Hibban in his Saheeh) (Fiqh Al Islam Wa Adilatihi vol. 9 pg. 6559 Maktaba Rasheediya Queta Pakistan).
And Allah Knows Best.
Mufti Waseem Khan.
4/12/2013