Important Matters Related to Nikah
Here is the direct English translation with icons removed:
Since it is necessary in Nikah that two witnesses be present in the Nikah gathering and hear both the offer and acceptance, a Nikah conducted over the telephone is not valid.
If a Nikah is to be performed in another city or country, the correct method is that the groom appoints a representative in the city where the bride resides. The representative should then carry out the offer and acceptance on his behalf in the presence of witnesses. In this way, the Nikah will be valid.
(Fatawa Usmani, 2/304)
Written Nikah
Nikah may also be conducted through writing, but it is necessary that one of the parties verbally express acceptance of the Nikah, while the proposal is made through writing.
The acceptance must be expressed before two witnesses, and the written proposal should also be read out to those witnesses.
For example, if Zaid writes to Hindah, “I have married you in exchange for one tola of gold as Mahr,” then when the letter reaches Hindah, she should first call two witnesses, read the letter to them, and then say before them, “I accept it.” The Nikah will then be concluded.
If Hindah reads the letter but does not read it to the witnesses and merely expresses her acceptance before them, or instead of verbal acceptance she only writes her acceptance and obtains the witnesses’ signatures on it, or does not obtain their signatures at all, then in all these situations the Nikah will not take place.
(Khulasa Fatawa Ashrafi)
Some people raise another person's son or daughter and later attribute the child to themselves by mentioning or writing their own name as the parent.
If this matter arises at the time of Nikah, the ruling is that a person should always mention his or her real parents. It is not permissible to attribute oneself to a stepfather. Severe warnings regarding this have been mentioned in Hadith.
However, if an incorrect lineage is mentioned during the Nikah, but the woman or her representative knows exactly which man or woman is intended, then the Nikah will still be valid.
The Messenger of Allah ï·º said:
“Whoever attributes himself to someone other than his father while knowing that his father is someone else, Paradise is forbidden for him.”
(Bukhari, Muslim, Abu Dawud, Ibn Majah; Targheeb wa Tarheeb, 3/75)
If a mistake is made in the name during Nikah, such as calling Zainab bint Bakr by the name Khalidah bint Bakr or Zainab bint Umar, then if the witnesses know that it is the Nikah of that particular Zainab bint Bakr, or if the girl is present in the Nikah gathering and is pointed out while the witnesses recognize her, the Nikah will be valid despite the incorrect name.
However, if the girl is not present in the gathering, no indication is made towards her, and the witnesses do not specifically know which person is intended, then the Nikah will not be concluded. It must be performed again according to the required conditions.
Nikah of a Mute Person
The Nikah of a mute person should be conducted in such a way that, in the presence of two witnesses, he makes a gesture indicating acceptance of the Nikah.
The gesture should clearly convey the meaning of offer and acceptance, and those present should understand what is intended.
When is Renewal of Nikah Necessary?
Some words constitute disbelief. Whether spoken intentionally, out of ignorance, or in anger, if such words are uttered and scholars determine that the speaker has fallen into disbelief due to their meaning, then the ruling applies.
Likewise, if a person deliberately insults any Sunnah of the Messenger of Allah ï·º and is declared a disbeliever after proper investigation, or if any other matter occurs due to which qualified scholars issue a ruling of disbelief, then such a person, after repenting and re-entering Islam, must renew both his faith and his Nikah.
In matters where there is scholarly disagreement as to whether disbelief has occurred, renewal of faith and Nikah is prescribed as a precaution.
(Fatawa Alamgiri, 2/283)
Since the presence of witnesses is necessary in every Nikah according to Islamic law, and Mahr is also obligatory, the following method may be adopted at the time of renewing the Nikah:
If the husband has the means, he should fix a new Mahr.
If he does not have the means, the wife may gift a portion of her Mahr to the husband and appoint him as her representative for the new Nikah.
The husband should then formally accept the Nikah in the presence of two witnesses.
The words used may be: “I have taken so-and-so, daughter of so-and-so, into my Nikah in exchange for such-and-such amount of Mahr.”
Both witnesses should understand that this gathering is a Nikah gathering and should regard the Nikah as a real and genuine marriage.
In other words, both witnesses should understand that a new Nikah is taking place between this husband and wife. They should not regard it as a joke or amusement; otherwise, the Nikah will not be concluded.
And Allah Almighty knows best.
When the Khutbah that is recited before Nikah is being delivered, just as when a Sunnah Khutbah is recited before a speech, it is not permissible for those present to engage in conversation with one another. Rather, listening to the Khutbah is obligatory.
Those who talk during this time will be sinful and repentance is necessary.
In this age, people are often negligent regarding this matter. Some are busy looking at the groom, some are concerned about the sweets, while others are occupied in casual conversations with friends and relatives.
Therefore, this ruling should be widely publicized so that people listen attentively to the Nikah Khutbah and remain silent during it.
A mistaken belief has become common among some people that Nikah is not permissible between the two Eids. This belief has no basis.
According to the majority of the Ummah, Nikah between the two Eids is permissible.
The marriage of the Prophet ï·º to Sayyidah Aisha (RA) took place in the month of Shawwal.
(Mishkat, 2/271)
If a man's first wife has passed away or has been divorced, and he feels the need for marriage, and he has the financial ability to provide maintenance and support, then in such a case it is obligatory for him to marry again. If he refrains from doing so, he will be sinful.
If a person has the ability to provide for a wife and is in a balanced state, is it better for him to engage in voluntary acts of worship and avoid marriage, or is marriage better?
According to the Hanafi jurists, marriage is superior and better for such a person than occupying himself solely with voluntary worship.
(Sharh Bidayat al-Mubtadi, Vol. 3)
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