Question 1
I'm seeking validation of a nikāḥ (marriage) from an organization in Pakistan. The groom follows a silsilah that believes a groom can be a witness to his own nikāḥ. The Sheikh of that silsilah stated that any man can claim marriage to a woman by simply pointing at her, and if she doesn't respond, it's considered consent. He also claimed that the groom can be one of the witnesses, with a friend serving as the second witness.
I emailed the organization, asking for a response based on the Qur'ān, Sunnah, and Ḥadīths. However, they failed to provide any Shariah or Qur'ānic basis for their claims. All other scholars I've consulted emphasize the need for two separate witnesses for a valid nikāḥ, especially if it's a secret marriage.
Answer 1
Question 2
I have a pressing concern and would appreciate your guidance. In the past, I met with several boys in private, and they proposed to me. I said yes, but we didn't intend for it to be a formal nikah (marriage). However, it's possible that others overheard our conversations. I'm now worried that I might have unintentionally entered into a nikah with one of them.
I've changed as a person, and these thoughts are causing me distress. I'm concerned that if I get married with my parents' permission, I might be committing zina (adultery). Please clarify two things:
1. Can a nikah take place if the witnesses are not present for the specific purpose of witnessing the nikah, but rather overheard the conversation by chance?
2. Please confirm that a nikah is not valid if the witnesses are not present for the specific purpose of witnessing the nikah.
Answer 2
Question 3
I'm getting married soon, InshaAllah. I need clarification on obtaining permission (razaa) from the girl's side. My mother wants members of my family, including my uncle (who is not her mahram), to witness the girl's acceptance. However, I've heard that it's more Islamically suitable for the girl's family (her mahram) to serve as witnesses.
Please advise me.
Answer 3
Question 4
As-salamu alaykum, Mufti brother. I've asked many muftis about my situation, but I'm still unsure. Ten years ago, I did a phone nikah, which I now regret. I was alone in my room, and the boy was with a maulvi and two witnesses I didn't know. The maulvi asked for my ijazat (permission) over the phone, and I stupidly said yes.
Later, the boy sent me a nikahnama with £100 as maher money. When my dad found out, he was furious because he didn't know the boy, and he denied the validity of the phone nikah. He then took me to Pakistan to marry my cousin, and I've been happy with two children.
Recently, I discovered that some scholars consider phone nikahs valid, which has left me shocked, depressed, and unsure about my current marriage. I've consulted several muftis, including those from Darul Uloom Deoband, Mufti Ibrahim Desai, Sheikh Assim Al-Hakeem, and Mufti Siraj Desai, who all stated that my phone nikah was not valid.
However, some muftis argued that if I gave ijazat to the maulvi, it could be considered a transfer of agency, making the maulvi my wakil (representative). I'm confused and scared, and I don't want to commit haram. Please clarify the validity of my phone nikah and whether the maulvi can be considered my wakil.
Answer 4
Question 5
I previously asked about marrying a Christian woman who may convert to Islam later. Now, I'm wondering if we can perform a private nikah without witnesses, as we both want to keep it secret.
Our intention is to avoid the sin of sexual intimacy.
JazakAllah khair
Answer 5
Question 6
I had a nikah ceremony four years ago in front of two witnesses from the boy's side, along with a qazi who recited the Khutba. However, I was alone, and no one from my side was present. The witnesses and qazi now refuse to acknowledge the nikah.
The boy's parents are unaware of our nikah and are pressuring him to marry his cousin instead. He wants to marry me, but his father has threatened to disown him if he does.
What should we do now?
Answer 6
Question 7
As-salamu alaykum, respected sir. I'm deeply in love with a college fellow, and I intend to marry her with good intentions when the time is right. However, I'm aware that Islam prohibits unnecessary interactions with the opposite sex. I want to assure you that my intentions are pure, and I've never engaged in any sinful behavior with her.
To make her my mahram (permissible to interact with), I performed a nikah ceremony with her, making Allah our witness. We recited verses from the Quran, obtained her consent, and did everything typically done in a nikah ceremony. My intention was to make her my mahram to facilitate permissible interactions.
Please guide me on this matter. Is she now my mahram, allowing me to freely interact with her? Will Allah be pleased with me?
Answer 7
Question 8
Assalamu Alaikum, I need clarification on my nikah and divorce. Our nikah took place in front of two male witnesses. However, one of the witnesses later expressed doubts about hearing my (the groom's) acceptance (ijaab o qabool) during the ceremony. Although I confirmed that I said yes, the witness claimed he didn't hear it.
We ignored his doubts, and our marriage continued for about two years. Eventually, I pronounced three divorces (talaq). My question is: Was the divorce valid, considering the witness's doubts about the nikah?
Answer 8
Question 9
Is it permissible for the walī (guardian) of the bride to also serve as a witness for:
1. Her wakālah (representation)?
2. The actual nikāḥ (marriage)?
Additionally, can the wakīl (representative) and witness be the same person, or must they be separate individuals?
Answer 9
Question 10
Assalamu ‘alaykum wa rahmatullahi wa barakatuhu Mufti Sahab,
I have a question regarding the validity of a marriage. If a marriage is performed in front of one Muslim witness and one Christian witness, will the marriage be valid?
Although the condition of having two sane, baligh (mature), male Muslim witnesses is not met, I'd like confirmation from you. I've read a fatwa stating that the witnessing of two Christians is accepted when marrying a Christian woman, wa Allahu a'lam.
Jazakallahu khayran,
Answer 10