Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

AS SALAM ALIKUM RAHAMATH ALLAH

I WANT TO KNOW THAT IF NIKAH IS CONDUCTED IN MASJID WERE BOTH MALE AND FELAME CANNOT HEAR NIKAH IS IT VALID OR IT IS BETTER TO CONDUCT WERE BOTH CAN HEAR EACH OTHER. AS PER MY KNOWLEDGE NIKAH MUST BE HEAR AND ACCEPTED ? GUIDE ME IN THE LIGHT OF QURAN AND SUNNAH

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Nikaah in Masjid

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Sahih Al-Bukhari Hadith 9.101 Narrated by Aisha

Allah's Messenger (saws) said, "It is essential to have the consent of a virgin (for the marriage).’ I said, "A virgin feels shy." The Prophet (saws) said, "Her silence (when asked) means her consent."

The consent of the girl getting married is an obligatory condition of Nikaah in Shariah. There is absolutely no harm if the Nikaah is conducted in a mosque or a place where all: the bride, the groom, the guardian of the bride, and the two witnesses to the Nikaah contract are all present. If the bride is physically present, then the Judge will ask her for her consent, before solemnizing the marriage.

The Judge or the person conducting the Nikaah must and will ask for the specific consent of the girl when contracting the marriage. In keeping with the laws of the ‘purdah’ the Judge may ask someone to go and ask the bride for her consent, or in the situation where the girl has given her pre-consent and is not physically present at the Nikaah, the Judge must confirm with the guardian and the two witnesses that the girl has specifically given her consent to her Nikaah with the proposed man. If the guardian of the girl and the two witnesses, bear witness that the girl has given her consent, there is absolutely no harm if the Judge solemnizes the marriage.

It would obviously be best if the girl physically attended and gave her consent to her Nikaah with the proposed man in front of the Judge; but if for any valid reason, she chooses not to attend the actual Nikaah, but gives her pre-consent to her guardian and the two witnesses, the Nikaah would still be deemed absolutely valid and legal in the sight of Shariah.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother and well wisher in Islam,

Burhan