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:

According to you

The absolutely obligatory conditions for a marriage or ‘nikaah’ to be deemed lawful in the Sight of Shariah and of Allah Subhanah are:

Proposal by one party and acceptance by the other.

The determination of ‘mehr’ for the bride.

The availability of at least two witnesses to the marriage contract.

The consent of the parents/guardians of the bride.

If even one of the above four obligatory conditions of a ‘nikaah’ are not honored, the marriage will not be deemed lawful in the Sight of Shariah Law and of Allah Subhanah.

But i found something else on www.askimam.org acording to them The Nikah will be only be valid with the following conditions:

1. There must be a proposal from one side, e.g. “will you marry me?” and there must be acceptance from the other side. The acceptance should be in the past tense, e.g. “I have married you”, “I have accepted”.

2. The proposal and acceptance must take place in the presence of two Baaligh (mature), sane Muslims.

If these two conditions are found, Nikah will take place. An Imaam and the Khutbah are not conditions for Nikah. (Qudoori pg.157; Qazi)

And Allah knows best

Wassalam

Mufti Ebrahim Desai

Darul Iftaa, Madrassah In`aamiyyah

with whom should i go... please help as soon as possible. 

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Answer:

Marriage without wali and mehr

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

4 And give the women (on marriage) their dower (mehr) as a free gift; but if they of their own good pleasure remit any part of it to you take it and enjoy it with right good cheer.

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu`minin

The Messenger of Allah (saws) said: 'The marriage of a woman who marries without the consent of her guardians (wali) is void.' (He (saws) said these words three times.)

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah

Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage."

In light of the above quoted Guidance of the Quran and the Sunnah, the absolute majority of the scholars and jurists in Islam are almost unanimous in their opinion that the determination of the ‘mehr’ to the bride and the consent of the ‘wali’ or guardian of the bride are obligatory conditions for a ‘nikaah’ or marriage to be considered legal and valid.

The presence of an ‘Imam’ or indeed a ‘khutba’ (sermon) are definitely not considered conditions for a marriage to be considered legal.

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

Your brother and well wisher in Islam,

Burhan