Conditions For Valid Nikah

Answered according to Hanafi Fiqh by Mahmoodiyah.org.za

Question:

Assalamualaikum

1. what are the exact procedures for getting married in Islam? what exactly needs to be done ?

2. what are the minimum requirements for that marriage to be legal in Islam?

3. in regards to going to a girls house to ask for hand in marriage, what is ruling if her father has passed away and she lives with her mother and sister only? do women need to go? or do men have to go?

Jazakallah Khair


Answer:

 

                  

 

For the validity of Nikah it is necessary that the Bride and groom or their respective representatives be present in a gathering of either two males or one male and two females acting as witnesses wherein the Khutbah of Nikah is read.  The bride or groom should then stipulate that I have taken you into marriage in lieu of the following Mahr [dowry] and the opposite party should say I accept. The witnesses should hear this whole transaction. By doing this the Nikah is validated.

With regards to going to the girl’s house it is better if someone from the boy’s house like his mother, sister or his aunt goes to the girl’s house on his behalf and put the request for marriage forward as well as to see the girl .If the boy has no women who can go for him then the boy can go himself and make the proposal, Although care should be taken that the boy and girl should not sit alone in private.

P.S. We would like to apologise for the delay in answering your question as our phone lines were down for quite a while.  Please accept our apologies.

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

www.mahmoodiyah.org.za

[email protected]                  

15 February 2007

26 Muharram 1428

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