Conditions for the validity of Nikaah

Nikah in presence of witnesses

Q: My cousin and her fiance' did ijaab and qabul (proposal and acceptance) without a khutba in the presence of two females and one male (the first female is my cousin i.e my brothers wife and the second female is her cousin and the boy is also her cousin). Is this nikah valid?

Nikaah without witnesses

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.

Witnesses for the nikaah

Q: My father in law asked his daughter in front of myself and my two uncles whether she agreed to marry my brother. She allegedly replied 'yes.' My wife seen her sister nod her approval. My two uncles both heard the reply but I neither heard the question nor the reply because it was done in such a soft tone. Subsequently, in my presence and my brother in laws presence she was asked again to clarify. This time I heard the reply. My question is that tomorrow at the Musjid my uncle and I are witnesses to this marriage on the documentation that the girl signed. My uncle and I will also have to sign the same or another document.

  1. Will the marriage be valid based on the fact that, when asked by the Imam, both witnesses on the documentation, my uncle and I did not both hear the girl say yes at the same time, i.e. I heard her say yes about half hour later, when the girl was asked again.
  2. Is it permissible for me to sign the document saying I was a witness and say so when asked by the imam.

Nikaah after an illicit relationship

Q: Musa and zainab are involved in illicit relationship for couple years, by the occurrence of the days and nights their relation became more solid because now zainab fell pregnant. To get rid from this shame the two families decided to get them married. What will be the hukam of this nikkah according to shaafi and hanafi mazhab and what will be the solution to this matter (for these people to be saved from this shame Islamically)?

Nikah conducted by a Barelwi Imam

Q: Our Nikah was conducted by a Barelwi Imam as my wife's family follow them. Is there anything to worry about, such as the validity of the nikkah due to it been conducted by a barelvi imam? I don't think I have to investigate what exactly people's beliefs or statuses are. Can I just assume the best and leave the matter?

Nikaah in the Presence of Witnesses

Q: A certain brother wishes to know if his nikah performed in the following manner is valid. In the presence of two jamaat brothers and his wife they first reverted his wife to Islam by making her recite the kalimah tayyiba. Thereafter he told her that I have accepted you as my wife and she also accepted him. There was no formal discussion of mahr. Thereafter they had performed their marriage at the home affairs according to the Christian Law for purposes of citizenship etc. His wife now doubts as to whether they had been living in sin all the time. Please assist.