Darul Iftaa Mahmudiyyah

Are the people who have overheard the proposal and acceptance of Nikaah considered witnesses?

· 28 Jumada II 1434 AH1 min readFatwa 25369English

Question

If there was a boy and girl having a conversation and the boy asked the girl her hand in marriage and she accepted and there was a declaration etc (that makes a nikah valid) however they didn't think anyone was hearing their conversation, yet there were people hidden over heard the whole thing (1 male 2 females), and the couple don't know about them witnesses and will never know then is their nikah done?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Marriage is a sacred institution. Through marriage, two individuals and families come together. It is an occasion of happiness and joy. The celebration of marriage is announced to the public, friends, relatives etc. Everyone gets together to express their happiness to the couples getting married. In such a situation, how is it possible for two individuals to propose to one another while no one was aware of the proposal taking place and the witnesses were hidden? Where did the proposal take place? How large was the area in which the proposal took place? If the individuals are genuinely interested in one another, what was preventing them from performing such a sacred act in public?

And Allah Ta’āla Knows Best

Abdul Hannan Nizami,
Student Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by
Abdul Hannan Nizami
Checked & approved by
Mufti Ebrahim Desai
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/25369
Fatawa SA: https://fatawa.co.za/fatwa/askimam-25369

People also ask

What is needed for a valid nikah?

“A nikaah without witnesses is not valid. Hence, no nikaah had taken place. You do not have to inform your father of what had transpired in the past. Just make taubah and beg Allah Ta'ala's forgiveness for getting involved in a…”

Mufti Online · 184 fatawa from 5 Darul Iftas on this

What the Darul Iftas say

Related fatawa