Fatwa #4420923 February 2020United Kingdom
Is my Nikah valid?
Question
Assalamu Alaykum. I reside in the UK and I am 27 years old and I recently got married Alhamdulillah on the 3rd of January 2020 and I had a question regarding the validity of my Nikah.
I get a lot of waswasa and this is really affecting me and so please do read it and provide me with an answer.
On 03/01/2020 I had my Nikah done at the local Masjid. The people attending were my parents, the girls parents, my two brothers, the girls brother and uncle and aunty and a number of relatives. The males were downstairs and the females were upstairs.
The Imam gave me the Nikah paper and made me read it and sign it and asked me if I accept the girl in marriage (the Imam asked me either 2 or 3 times) to which I replied Ji (yes in Urdu) on the first occasion and I accept (Qubool in Urdu) on the second occasion. This was done infront of all the male witnesses but the Imam did not ask the girls father who was amongst the witnesses nor did they say I give my daugher to you.
Duaa was made and the Imam went upstairs with the girls father and my father and from what I remember the girls brother and uncle but I cannot fully remember this and the same thing took place upstairs and the Imam did not ask the girls father nor did the girls father say I give my daugher to you.
I want to know that based on all that took place above, was the Nikah valid in accordance to the Quran & Sunnah? By Allah I do not want to do anything wrong and this is greatly effecting me and I want to make everything correct. Would I need to renew my Nikah or was this one accepted? I am asked this because I cannot see where the Ijab & Qubool (offer & acceptance) took place and the Imam only asked me twice from what I remember.
I look forward to your response.
JazakAllahu Khair & Assalamu Alaykum
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Brother,
Your Nikah was conducted in the Masjid in the presence of many witnesses including the woman’s father, brother, uncle and many other relatives. No objections were raised.
You were made to read the Nikah paper and were asked whether you accept this woman in your marriage. You said “Jee” and “Qabool.”
Your Nikah is valid.[i] Dispel all thoughts to the contrary.
And Allah Ta’āla Knows Best
Hammad Ibn Ismail Jogiat
Student Darul Iftaa
Cambridge, Ontario, Canada
Checked and Approved by,
Mufti Ebrahim Desai.
البحر الرائق شرح كنز الدقائق ومنحة الخالق (3/ 148) [i]
وتثبت الإجازة لنكاح الفضولي بالقول والفعل
الفتاوى الهندية (1/ 299)
وتثبت الإجازة لنكاح الفضولي بالقول والفعل، كذا في البحر الرائق
الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 63)
فعل يدل على الرضا (كطلب مهرها) ونفقتها (وتمكينها من الوطء)
كتاب المسائل (ج:4 ص: 148)
فضولی کا نکاح
فضولی کا کرایا ہوا نکاح زوجین یا اَولیاء کی رضامندی پر موقوف ہوتا ہے ، اگر بعد میں زوجین یا اُن کے اولیاء نے اُس نکاح کو نافذ کردیا تو وہ منعقد ہوجائے گا ، ورنہ وہ عقد نکاح باطل اور کالعدم قرار پائے گا
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