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Conditions for the validity of nikaah

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I did nikkah with a girl who is above 18 years old. The nikaah was recited by her cousin who is younger than her. Four witnesses were my friends who were unknown to her. We didn’t register our nikkah. Is our nikaah valid?

Bismillaah

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. If these conditions were found, the nikaah is valid even though the nikaah was not registered.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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