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Fatwa #356821 September 2001Canada

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.%0D%0ASince we are seeing each other, can we perform a secret marriage to avoid%0D%0Acommitting adultery and officially marry next year?%0D%0AA: Rasulullah (Sallallaahu Alayhi Wasallam) advised, 'Announce the Nikah.'%0D%0A(Mishkaat pg.272; Qadeemi)%0D%0AThe wisdom behind the announcement is to avoid any misconception of an%0D%0Aillegal and illicit relationship between the boy and girl. Although the%0D%0Afirst and secret marriage for the purpose of legalizing intimacy will be%0D%0Avalid, but we are also advised to abstain from doubt and disgrace. If the%0D%0ANikah is not announced, people witnessing the relationship will regard the%0D%0Arelationship as Haraam and illegal.%0D%0AFurthermore, what if the girl conceives and gives birth before the official%0D%0A'second' marriage? The negative factors surrounding that as well as the%0D%0Achild for the rest of his%2Fher life are well known. Therefore, we advise that%0D%0Aif there is a dire need to fulfil one's desires, the Nikah be expedited to%0D%0Aavoid the abovementioned negative factors of a secret marriage.%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AA 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
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