Fatwa: # 15314
Category: Marriage (Nikah)
Country: Indonesia
Date: 5th June 2007

Title

Is there werent two witnesses to the Nikah, is the Nikah valid?

Question

I ll asked how about opinion in Mazhab Hanafi for divorce women when she will married again should be attend by Wali & 2 witness or not?...How Iman Abu Hanidah said regardless?...If not attend by wali & 2 witness that marriege was legal by Islam or not?   Please explain accordingly...Jazakalah Khairan Khatsira

Answer

In the name of Allah, Most Gracious, Most Merciful  

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to Shariah, it is necessary to have two witnesses for the validity of the marriage. If there are two witnesses to the proposal and acceptance of the boy and girl, the Nikah is valid. The presence of the Wali is not a requirement for the validity of the marriage. The same ruling applies to the Nikah of a divorcee.

And Allah knows best

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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