Nikaah in the presence of two witnesses

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I am a divorced/single parent of one child. I have met someone in a halaal way and told that person I wanted to get married as soon as possible as I didn’t want to commit zina. A few days ago we went to I think it was the Hanafi masjid and did our nikaah. The problem is I didn’t as my wali which is my dad to stand up as my wali because I knew that he would want me to do nikkah in the way I wanted. So the Imman in the masjid stood as a wali for me. Now the problem is my husband looked into and phoned around to ask about this. Most of the place is saying it’s invalid. Which is a big problem. So I’ve told my dad that I met someone and want to do nikkah but his telling me to think about it before I do it so told again I want to do nikaah as soon as possible but his telling me now he needs to think and tell me. I asked him why the need to make me wait he told me that I need to listen to him. My parents are divorced also on my mum side they do not practise Islam so I am waiting for my father now to tell me if he will be my wali or not. I really need some advice on this Insha Allah as now I’m missing the person I thought I was married to and also I live in a non Islamic house with my son. The person I want to be with is a practising Muslim and so am I. We pray five times Alhumdulilah and try our best when it comes to our Deen.


A: If the nikaah was performed in the presence of two male Muslim baaligh witnesses, then the nikaah is valid.

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.