Fatwa #213330 January 2001South Africa
Getting married, please e-mail me the terms of a marriage contract and their meaning?
Answer
A Nikah is performed with a proposal (Iejaab) by the male or female and%0D%0Aacceptance (Qubool) by the male or female in the past and%2For present tense%0D%0Ain the presence of two male Muslim witnesses (Hidaaya vol. 2).%0D%0A%0D%0AIt is Sunnat that the marriage be announced and performed in the Masjid and%0D%0Athe bride be represented by her Mahram (father, brother, etc.). The bride%0D%0Agives consent to her representative (Wakeel) in the presence of two%0D%0Awitnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel%0D%0Arepresents the bride in the presence of the two witnesses who must be%0D%0Atrustworthy and pious male Muslims. They should not be from among the girls%0D%0Aascendants e.g. father, etc. nor from her descendants, e.g. son, etc.%0D%0A%0D%0AHaving said that, if the sister (attained puberty) wishes to represent%0D%0Aherself at the time and place of Nikah, then she may do so without a Wakeel.%0D%0AThis is according to the Hanafi Madhab - according to Shaaf'ee permission is%0D%0Aincumbent.%0D%0A%0D%0AA marriage without the two witnesses is not valid. the relationship will be%0D%0Aillegal and Haraam.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.