Nikaah performed in jest in the presence of witnesses
Question
I am writing anonymously on behalf of my friend, who seeks guidance regarding a sensitive matter.
Two years ago, when she was around 14–15 years old and her partner was 15–16, they performed a nikah with witnesses present. It began as a joke for their 4-month anniversary, but the full nikah words were said in front of 3 witnesses:
The friend asked: “Do you, [his full name], take [her full name] as your wife?” and vice versa
He replied: “Yes, I take [her full name] as my wife.”
She also said: “I take [his full name] as my husband.”
At the time, they did not fully understand the seriousness of their actions. They later consummated the marriage when she was almost 16 and he was almost 17, still unaware that it counted as a valid nikah.
Now, she realized the marriage may be considered valid in Islam, but she is unsure how to handle the situation given their young ages at the time, the accidental nature of the nikah.
They seek guidance on:
1. The Islamic validity of the nikah given their ages and circumstances at the time.
2. How to properly formalize or rectify any steps (including mahr, witnesses, or scholarly confirmation).
3. The correct way to proceed if they wish to continue the marriage safely and according to Islamic law.
Your advice would be greatly appreciated so that everything can be handled properly and responsibly.
Answer
Yes, if it was done in the presence of valid shar`ee witnesses.
They should announce the nikaah to all concerned parties.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
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 Mufti Online — Madrasah Ta'leemuddeen. 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: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/36389
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36389
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