Fatwa #65794 September 2002United States of America
I got married to an American Muslim (new) in an American court by an official without any witnesses. Is this marriage islamically legal?
Answer
The Nikah is not valid.
A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past tense and in the
presence of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and
the bride be represented by her Mahram (father, brother, etc.). The bride
gives consent to her representative (Wakeel) in the presence of two
witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel
represents the bride in the presence of the two witnesses and the stipulated
dowry. The witnesses must be two trustworthy and pious male Muslims who are
not her ascendants e.g. father, grandfather or decendants e.g. son,
grandson, etc.
The Mahr (dowry) is the woman's right and should be stipulated prior to the
marriage.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past tense and in the
presence of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and
the bride be represented by her Mahram (father, brother, etc.). The bride
gives consent to her representative (Wakeel) in the presence of two
witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel
represents the bride in the presence of the two witnesses and the stipulated
dowry. The witnesses must be two trustworthy and pious male Muslims who are
not her ascendants e.g. father, grandfather or decendants e.g. son,
grandson, etc.
The Mahr (dowry) is the woman's right and should be stipulated prior to the
marriage.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai