• Social Matters >> Nikah (Marriage)

    Question ID: 21539Country: India

    Title: This has reference to question No. Question ID#:19707 and on being asked to narrate in detail about how the marriage was held I am writing this e-mail. I, Khondakar Abul Basar, aged 34 years, had a registry marriage on 18th September, 2005 on Sunday at 2.30 P.M. in a Registry Marriage Office at Memari, West Bengal. In that marriage, I was alone present as bridegroom and I had no one to be witness of mine in marriage. The girl had her father, mother, maternal uncle and an old relative with her. We all sat in a single room with the Marriage Registrar and a Maulana Sahib who read marriage khodba. After reading marriage khodba the Maulana Sahib simply asked me two times and the marriage registrar one time about the Izaz Kabul and then the Maulana Sahib asked the girl three times about Izaz and Kabul directly which we both responded affirmatively and accepted. But, he never asked about any witness. When I asked I had no witness from my side, he said not required. But, he never asked anyone to be witness and give witness. When asked he said as the boy and the girl with her relatives sat in a single room, there is no need of any witness. The marriage was solemnized at the Mehr of Rs.10,000/- which I paid latter. As, there was no role of witness which is required in a marriage according to Islamic View, is this marriage legal in Islamic view? Before, Izaz ?Kabul we both signed in the marriage register and the three relatives of the girl signed as witnesses. Now, my question is whether the marriage was right according to Islamic view? As I was alone and no one had given any witness of mine whether this is acceptable? If this marriage is not legal what is to be done now?

    Question: Assalamualikum, Janab, This has reference to question No. Question ID#:19707 and on being asked to narrate in detail about how the marriage was held I am writing this e-mail. I, Khondakar Abul Basar, aged 34 years, had a registry marriage on 18th September, 2005 on Sunday at 2.30 P.M. in a Registry Marriage Office at Memari, West Bengal. In that marriage, I was alone present as bridegroom and I had no one to be witness of mine in marriage. The girl had her father, mother, maternal uncle and an old relative with her. We all sat in a single room with the Marriage Registrar and a Maulana Sahib who read marriage khodba. After reading marriage khodba the Maulana Sahib simply asked me two times and the marriage registrar one time about the Izaz Kabul and then the Maulana Sahib asked the girl three times about Izaz and Kabul directly which we both responded affirmatively and accepted. But, he never asked about any witness. When I asked I had no witness from my side, he said not required. But, he never asked anyone to be witness and give witness. When asked he said as the boy and the girl with her relatives sat in a single room, there is no need of any witness. The marriage was solemnized at the Mehr of Rs.10,000/- which I paid latter. As, there was no role of witness which is required in a marriage according to Islamic View, is this marriage legal in Islamic view? Before, Izaz ?Kabul we both signed in the marriage register and the three relatives of the girl signed as witnesses. Now, my question is whether the marriage was right according to Islamic view? As I was alone and no one had given any witness of mine whether this is acceptable? If this marriage is not legal what is to be done now?

    Answer ID: 21539

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 597/466/D=1431)

     

    As it had been written in the previous ID no. 19707 that it is not necessary to have a witness specially from you but when in the meeting of nikah two Muslim men or more were present who heard ijab-o qabul (exchange of nikah words), then the nikah took place. Therefore, in the question mentioned your nikah took place and your marriage was alright.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India