|
Date: Tuesday, May 01, 2012 |
Question
Two people, who wanted to secretly get married, went to a public place and approached two male strangers. The man who wanted to get married, asked the strangers in Urdu, if they spoke Urdu. The men replied that they did. Then the couple in front of these two men said the proposal and acceptance and immediately left. My question is, is this nikah valid? The couple only assumed the strangers to be Muslim because they spoke Urdu, and there is now no way for them to get in contact with them so as to ask if they are actually Muslim.
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
One of the conditions for the validity of the Nikah is that it should be done in front of two males, or one male and two women, who are Muslims.
ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين
(Al Hidayah Vol.2 Pg.306 – Shirkah Ilmiyyah, Multan)
According to the abovementioned, your Nikah will not be valid if the two men that were present during your Nikah happened to be non-Muslims. Therefore, as a matter of precaution, it will be advisable to conduct the Nikah again.
Moreover, the wisdom behind the requirement of the presence of two witnesses in Nikah is that when someone later negates the Nikah, there is someone, besides the husband and wife, who can prove that the Nikah was done. Merely picking two unknown people does not serve this purpose.
And Allah knows best
Darul Iftaa, Madrassah In'aamiyyah
· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.
· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.
