Q: I am writing this email because someone known to me is facing a strange situation and have insisted me to ask you this question. He is already married but have contracted nikah with someone else as well. However, when he committed the second lady about nikah, there wasn't any witness to that. Soon after that promise (or whatever you call it) the lady called her father and told about it. Father called the person and showed his agreement to her daughter's decision. Then they publicized this agreement to their family members. The first wife of the person called the lady and discussed various matters about her husband's marriage with the lady. Subsequently, the first wife announced that in their family. everyone accepted this decision. However, till date no formal document has been signed.
Now a million dollar question is about validity of this nikah. Please comment in the light of Quran and Sunnah.
A: Witnesses should be present at the time of nikaah. As we understand there were insufficient witnesses.
ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين عدولا كانوا أو غير عدول أو محدودين في القذف (الهداية 2/306)
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