Witness not hearing the nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I performed nikaah few days back but after some days the witness told my husband that he didn’t listen to the nikaah ceremony properly and didn’t listen when I said “yes” for the nikaah. He said that during nikaah his mind was deviated from the ceremony and in short he didn’t listen to our nikaah and my acceptance. He then advised my husband that he should perform nikaah with me again. So I just want to say that was that nikaah valid or not because the witness denied that he listened to the nikaah.

Bismillaah

A: Explain to us how many witnesses in total were present?

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

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Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: There were two witnesses in total. One of the two witnesses acted as a qazi as well. But the other witness denied that he heard my acceptance for the nikaah. He on his own suggested my husband to go for the nikaah again.

Bismillaah

A: If there were only two witnesses present and one witness says that he did not hear the words of acceptance, then the nikaah should be repeated.

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

 

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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