Witnessing a bride consenting to having her Nikaah performed
Category:
Marriage & Divorce
According to Madhhab:
Hanafi
Reference:
1440-302
Question:
My granddaughter got married. My son in law
appointed me amd his brother as a witness to the Nikaah of my granddaughter, my
son in law was the wakeel. My problem is that as a witness i couldn't hear my
granddaughters words, i only heard her laughing. I heard my son in law saying
Abdullah (grooms name) and Mehar,
Mufti saab kindly help us with this masla.
Answer:
The Nikah will be valid and perfectly in order. It is not a requirement to have two witnesses present when the bride appoints a particular person as her Wakeel, although it is advisable for the witnesses to be present. Yes, it is a requirement to have two witnesses present at the time of solemnizing the Nikah. If two witnesses were available with the Wakeel at the time of solemnizing the Nikah, then the Nikah was be valid.
This means that the one witness not being able to hear the conversation between the bride and the representative of the bride will bear no effect on the marriage if two witnesses were available with the Wakeel at the time of solemnizing the Nikah.
And Allah Ta'aala knows best
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 30 Jumadal Ula 1440 - English Date: 06 February 2019