Question:
Assalamualaikum wa rahmatullahi wa barakatuhu.
How are you mufti Sahab, sir I had been searching for a problem through various websites of you Hanafi school of thought but I can’t find a solution to my query kindly it would take just 1 minute of yours if you can tell me the Fiqh or fatwa regarding the problem
In Hanafi Fiqh there is a term called INVALID (FAASID) or defective Nikah occurs, like if some one has conducted Nikah WITHOUT ANY WITNESSES then I have read it’s still called Nikah tainted one I want to ask if any boy and girl ask each other in joke and jest being getting in each other’s Nikah (that’s also not sure that they even asked the same question) without the presence of any witness and they conduct sexual relations, after some time if Nikah is being cancelled by boy knowing it was invalid Hanafi school says a girl needs to complete an Iddat I want to ask can they remarry? since there was no witness at that time and they are not even sure they had carried a proper acceptance and approval. but considering this an invalid Nikah boy annuls it now can they remarry?
looking forward to your reply
ALLAH HAFIZ
Answer:
Should a boy and girl perform Nikah without the presence of witnesses, then the Nikah is invalid (Faasid). And the ruling of an invalid Nikah is that the couple should immediately separate and the girl should go into Iddah. If, however, the couple desire to remain married they should immediately make a new Nikah in the presence of witnesses. In this instance the girl will not have to go into Iddah.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
07 February 2007
18 Muharram 1428
This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.