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Proxy nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Few months back my brother got married in absence through his representative in the presence of the bride and her father. This was solemnised by the local qazi. No one from family and friends were invited, we did this for visa processing.

I am sure the above nikah is valid, however, please provide reference in light of Qur’an and Hadith.

One of the parents think that the above nikah is not perfect and due to social pressure want to perform it again in front of relatives and friends without informing them about the earlier nikah. Is this allowed?

I’m concerned that we are betraying the guests by not informing them about the earlier nikah. Can we suppress the truth by not informing others and in a way fooling them?

Bismillaah

A: 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.

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