I got married to someone through a qadi at his house where then his wife and his known one man came to know that we had come to get married and we had no witnesses from our sides present there then.But the qadi wrote our expected witness name and told us to let them know about that marriage later but we didn’t do that later.In that case is that marriage seems to be valid?
Answer
Wa’alaykum as Salam wa rahmatullahi wabatakatuhu,
For a marriage to be valid, it is essential for the offer and acceptance to take place in the presence of two male witnesses, or one male and two females.
If this amount of witnesses are not present, the Nikah will not be valid.
According to our understanding, there was only one male (the Qadhi) present. Besides him, there was no one else. If that was the case, the Nikah did not take place.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)
References
النكاح ينعقد بالإيجاب والقبول بلفظين يعبر بهما عن الماضي أو يعبر بأحدهما عن الماضي وبالآخر عن المستقبل مثل أن يقول: زوجتي فيقول زوجتك
ولا يعقد نكاح المسلمين إلا بحضور شاهدين حرين بالغين عاقلين مسلمين أو رجل
وامرأتين عدولا كانوا غيرا عدول أو محدودين في قذف (مختصر القدوري – ص: 145)