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Nikaah taking place in one gathering

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Suppose a man is jokingly saying the ijaab of marriage loudly being all alone in the room. But a woman and two male Muslims from another room hears this and the woman says the qubool in front of these two men. Will they be married?

Bismillaah

A: It is a precondition for the nikaah to be valid that the ijaab, qabool and the two witnesses (hearing the ijaab and qabool) should be in the same gathering. In this case, since the gathering is different, the nikaah will not take place.

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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