Question:
Assalamualaikum
Q1-A person (bridegroom) put a signature on a document for marriage purpose at his house and the female (bride) did the same thing at her house but the proposal and acceptance was not done verbally is the Nikah valid?
Q2-How is it for the Imam to make the bride and bridegroom read the Kalimah before Nikah?
Q3-Counting Tasbeehs on beads is it proven from prophet S.A.W or the Sahabah R.A? if yes please give answer in detail if not who invented it and when was it invented if known?
Jazakumullah
Wassalaam
Answer:
1) Nikah does not take place by merely signing a marriage document. It is necessary that the Ijaab (proposal) and Qabool (acceptance) be made verbally in the presence of witnesses for the validity of Nikah.
(Ad-Durrul Mukhtaar, Vol. 2, Page 288)
2) Reading the Kalimah is not a prerequisite of Nikah, neither is it proven from the Salf Saaliheen.
3) In Fadhaa’il-e-A’maal it is stated with regards to Abu Hurairah (R.A.) that he had with him a bag full of date stones. He used these stones for his Zikr. When the bag was exhausted, his maid filled it again with date stones.
Further it is mentioned that he had a piece of thread with 1000 knots. He would not go to sleep until he had said Subhanallah on all of these knots.
(Fadhaa’il-e-A’maal, Stories of the Sahabah, Page 63-143. Tadhkiratul Huffaz)
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
18 December 2004
06 Thul Qa’dah 1425