Thursday | 28 January 2021 | 14 Jamadiul-Thani 1442
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Fatwa Answer

Question ID: 1250 Category: Marriage and Divorce
Nikah Validity

AsSalamuAlaykum wa Rahmatullahi wa Barakatuhu

I am a 20 year old student at a Madrasa. Several months ago I did nikah with a girl, 18, who lives in another state and is from my family. The nikah was performed over the phone with two male witnesses on my side and two female, one male witness on the girl's side. Neither of our parents had knowledge of this nikah at the time. It was done only because things had gone too far and we needed to protect ourselves from committing zina.

I consulted my teacher afterwards to confirm if the nikah was valid and he confirmed it was. Before doing nikah I made sure to check and double check if nikah is valid without the wali's consent (we're both Hanafi). 

Several months later now, my mother-in-law has found out about the nikah. She is completely opposed to it. She consulted a scholar, who declared the nikah to be invalid because my wife's parents' consent was not sought. My mother-in-law has convinced my wife that the nikah was not valid.

Please confirm whether my nikah is valid or not and help me and guide me through this situation.

Jazakumullahu khairan

بسم اللہ الرحمن الرحیم

Explain the purpose of the question and ask again. However, if the purpose of your question is whether the marriage took place or not, then the answer is that a boy and a girl or their guardians must be in a meeting for the marriage. Therefore, in this marriage, if a lawyer on your behalf has accepted the offer of the girl, or if one of their lawyers has accepted your offer, then the marriage will take place, otherwise it will not take place.

فقط واللہ اعلم بالصواب

Question ID: 1250 Category: Marriage and Divorce
Question ID: 1250 Category: Marriage and Divorce