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Is it necessary to issue a divorce if the nikaah was performed without witnesses?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a girl and boy gets married without any witnesses, the nikah is invalid. In this case, does the boy have to divorce the girl or there was no marriage in the first place?

Bismillaah

A: No.

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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