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Validity of a Secret Nikaah: A Case of Missing Witnesses and Unsigned Forms

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My friend (girl) who did nikaah with a boy over the phone as they liked eachother. They both were in different countries. The nikaah was arranged by the boy. The girl did not know who her wakeel was or she even permitted for a wakeel (as they were having nikaah secretly). But there was no witness on the girl’s side. All witnesses were arranged by the boy and no witnesses was with the girl in the room (all witnesses were present with the boy and the girl did not know who they were). The nikaah was done in March 2017 but the date on the nikaah form was deliberately written as August 2016 since the molvi did not want to write the actual date. More over there are no signatures of the wakeel or witnesses on the nikaah form and also only one copy is signed by the boy and is kept by the boy. The 2nd copy is not given to the girl nor is it signed. The girl doesn’t know if the second copy is present or not. Is this nikaah valid or not?

Bismillaah

A: If the nikaah was done in the presence of Muslim male adult witnesses with the approval of both sides the nikaah is valid.

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

Answered by:

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.