Conditions for a Valid Nikah
In the marriage assembly, proposal and acceptance should be formally conducted between the boy and girl in the presence of 2 shari witnesses.
The girl should be asked, "Your nikah has been performed with so-and-so son of so-and-so, do you give permission from your side?"
If she gives permission, then the boy should be told, "So-and-so daughter of so-and-so has been given to you in nikah in exchange for this much mahr, do you accept?"
He should reply, "Yes, I accept."
Nikah is concluded through proposal and acceptance.
This proposal and acceptance should both be with words of past tense, meaning words that indicate the nikah has already taken place.
Like if someone says in the presence of witnesses, "I have married my daughter to you," and he replies, "I have accepted."
Or if one of the two words is in past tense.
Like someone says, "Marry your daughter so-and-so to me," and the other replies, "I have done it," then also the nikah is valid.
For nikah to be concluded it is also necessary that nikah is done in front of at least 2 men or 1 man and 2 women.
All those witnesses should hear the proposal and acceptance of both the boy and girl with their ears in the same assembly, see the matter of nikah, and know that these people making proposal and acceptance are marrying each other, it is not a joke. Ba-hawala durre mukhtar, 3/21
If the girl is not present in the marriage assembly but is at home, then generally a mahram relative like the girl's father, paternal uncle or maternal uncle etc takes permission.
Then that permission is conveyed to the person performing the nikah in the marriage assembly.
It is mustahab for witnesses to be present while seeking permission from the girl, not necessary.
However, presence of 2 witnesses is necessary while performing the nikah, who hear and understand the words of proposal and acceptance.
Post a Comment