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Fatwa #1824725 August 2009Saudi Arabia

i m 27 years old woman.m i have made nikkah with my spouse seceretly in front of quran .we both had red the 1st ruku of Quaran pak together then kept our hands on it and accepet each other three times.i want to know is it valid nikkah?

Question

i m 27 years old woman.m i have made nikkah with my spouse seceretly in front of quran .we both had red the 1st ruku of Quaran pak together then kept our hands on it and accepet each other three times.i want to know is it vail nikkah? what i should do now?plz reply me soon.

Answer

In the name of Allah, Most Gracious, Most Merciful  

Assalaamu `alaykum waRahmatullahi Wabarakatuh

A Nikaah is contracted between two Muslims by means of a proposal and acceptance of marriage in the presence of at least two male witnesses or one male and two female witnesses who are free, sane and mature.

( ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف ) اعلم أن الشهادة شرط في باب النكاح لقوله صلى الله عليه وسلم { لا نكاح إلا بشهود }
(الهداية ج2 ص306, شركة)

Since your nikaah was not performed in the presence of two witnesses, it is not recognised by Shariah and it is impermissible for the two of you to have intimacy or live together in this manner.

As soon as possible, contact the local Imam and ask him to conduct the nikaah according to Shariah. Make dua and beg Allah Ta’ala to forgive you, Allah Ta’ala is most forgiving, most compassionate, and most merciful. 

And Allah knows best

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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