Q: I am writing to ask the validity of a marriage without a witness and without a mahr. The marriage were done only by the couple by writing in a piece of paper as a contract signed by both and the husband said that their witness is Allah Ta’ala. Is the marriage considered zina and punishable in Islam. Please provide some authentic Hadith on this to explain the rulings.
A: In order for the nikaah to be valid in Shari’ah, it is a requirement that a proposal as well as an acceptance be found in the presence of at least two male baaligh sane muslims or one male and two female baaligh sane muslims. Hence if the nikaah was performed without witnesses, the nikaah will not be valid.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)