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Question:
Assalamualaikum wa rahmatullahi wa barakatuhu.
How are you mufti Sahab, sir I had been
searching for a problem through various websites of you Hanafi school of
thought but I can't find a solution to my query kindly it would take just 1
minute of yours if you can tell me the Fiqh or fatwa regarding the problem
In Hanafi Fiqh there is a term called INVALID
(FAASID) or defective Nikah occurs, like if some one has conducted Nikah
WITHOUT ANY WITNESSES then I have read it's still called Nikah tainted one I
want to ask if any boy and girl ask each other in joke and jest being
getting in each other's Nikah (that's also not sure that they even asked the
same question) without the presence of any witness and they conduct sexual
relations, after some time if Nikah is being cancelled by boy knowing it was
invalid Hanafi school says a girl needs to complete an Iddat I want to ask
can they remarry? since there was no witness at that time and they are not
even sure they had carried a proper acceptance and approval. but considering
this an invalid Nikah boy annuls it now can they remarry?
looking forward to your reply
ALLAH HAFIZ
Answer: Fatwaa no. 037/07
Should a boy and girl perform Nikah without the presence of witnesses, then the Nikah is invalid (Faasid). And the ruling of an invalid Nikah is that the couple should immediately separate and the girl should go into Iddah. If, however, the couple desire to remain married they should immediately make a new Nikah in the presence of witnesses. In this instance the girl will not have to go into Iddah. And Allah Ta’ala knows best Mufti Muhammad Ashraf Darul Iftaa Jameah Mahmoodiyah Springs 07 February 2007 18 Muharram 1428 |
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