What are the minimum requirements for marriage between a couple of hanafi madhab?
Question
we are engaged and are scheduled to marry in 2 to 3 years. Since Islam doesnt recognize engagement as any type of halal relationship, can we just have a nikkah (no ruksati) without anyone knowing? What are the requirements besides 2 male witnesses? of what age do the witnesses must be? must a wali be present? JazkaAllah
Answer
Q: I am proposed to a girl. Our families want us to marry only next year. Since we are seeing each other, can we perform a secret marriage to avoid committing adultery and officially marry next year?
A: Rasulullah (Sallallaahu Alayhi Wasallam) advised, 'Announce the Nikah.' (Mishkaat pg.272; Qadeemi)
The wisdom behind the announcement is to avoid any misconception of an illegal and illicit relationship between the boy and girl. Although the first and secret marriage for the purpose of legalizing intimacy will be valid, but we are also advised to abstain from doubt and disgrace. If the Nikah is not announced, people witnessing the relationship will regard the relationship as Haraam and illegal.
Furthermore, what if the girl conceives and gives birth before the official 'second' marriage? The negative factors surrounding that as well as the child for the rest of his/her life are well known. Therefore, we advise that if there is a dire need to fulfil one's desires, the Nikah be expedited to avoid the abovementioned negative factors of a secret marriage. and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
A Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past and/or present tense in the presence of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses who must be trustworthy and pious male Muslims. They should not be from among the girls ascendants e.g. father, etc. nor from her descendants, e.g. son, etc.
Having said that, if the sister (attained puberty) wishes to represent herself at the time and place of Nikah, then she may do so without a Wakeel. This is according to the Hanafi Madhab - according to Shaaf'ee permission is incumbent.
A marriage without the two witnesses is not valid. the relationship will be illegal and Haraam.
- Answered by
- Mufti Ebrahim Desai
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