Q: I want to know if a person gets married without the consent of their parents (means court marrige). Both parties are mature people and the people present at the time of the nikkah were the lawyer and 2 friends. They didnt sign the nikkah nama as witnesses whereas there are signatures of unknown people who were not present there at the time of the nikah, so is this nikah valid? So the nikah took place in court as it was a secret nikkah and there was no wali present. it was just the groom, bride, 2 female friends of the girl, 1 lawyer and 1 molvi to perform the nikah. The marriage was registered. But on the nikah nama as a witness 2 unknown people signed who were not present there at the time of nikah. So is this nikah valid?
A: In order for the nikaah to be valid, it is a requirement that a proposal as well as an acceptance be found in the same gathering 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 will be valid.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)