Nikaah in the presence of two witnesses

· 19 Dhuʻl-Qiʻdah 1437 AH1 min readEnglish
Nikaah & Marriage IssuesConditions for the validity of NikaahWitnessesnikaahwitnesseswali

Question

I am a divorced/single parent of one child. I have met someone in a halaal way and told that person I wanted to get married as soon as possible as I didn't want to commit zina. A few days ago we went to I think it was the Hanafi masjid and did our nikaah. The problem is I didn't as my wali which is my dad to stand up as my wali because I knew that he would want me to do nikkah in the way I wanted. So the Imman in the masjid stood as a wali for me. Now the problem is my husband looked into and phoned around to ask about this. Most of the place is saying it's invalid. Which is a big problem. So I've told my dad that I met someone and want to do nikkah but his telling me to think about it before I do it so told again I want to do nikaah as soon as possible but his telling me now he needs to think and tell me. I asked him why the need to make me wait he told me that I need to listen to him. My parents are divorced also on my mum side they do not practise Islam so I am waiting for my father now to tell me if he will be my wali or not. I really need some advice on this Insha Allah as now I'm missing the person I thought I was married to and also I live in a non Islamic house with my son. The person I want to be with is a practising Muslim and so am I. We pray five times Alhumdulilah and try our best when it comes to our Deen.

Answer

If the nikaah was performed in the presence of two male Muslim baaligh witnesses, then the nikaah is valid.

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

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
Ask Mufti Online

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.