Conditions for the validity of nikaah
Question
I did nikkah with a girl who is above 18 years old. The nikaah was recited by her cousin who is younger than her. Four witnesses were my friends who were unknown to her. We didn't register our nikkah. Is our nikaah valid?
Answer
In order for the nikaah to be valid in Shari'ah, it is a requirement that a proposal as well as an acceptance be found in the presence of at least two male baaligh sane muslims or one male and two female baaligh sane muslims. If these conditions were found, the nikaah is valid even though the nikaah was not registered.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/12122
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-12122
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