Witnesses

Nikaah in the presence of witnesses

Q: Please be aware, I know of the rule that if a man divorces his wife three separate occasions she is not halaal for him until she genuinely marries someone else and it does not work out). I got married to my ex husband in 2009, we had a child in 2011. I was very much in love with him, he prayed and still prays 5 times a day since he reverted in 2009 and is very very in Deen since) shaytaan took over me and I stopped my salaah and started sinning, I met another guy and then I asked my husband for divorce (I am aware of what I have done and ask Allah for forgiveness and how shameful this is I understand). After the divorce (3 divorces, three separate occasions), I regretted it so
much and just wanted to get back with him. However, I was with this guy and told him I do no love you and he said it does not matter, we will get married and things will get better. 

He knew I did not love him, I did have feelings for him and liked him a lot as we were very close and talked everyday all day. Before I got married to him,  it was in my mind that most likely it will not work out and I want to get back with my ex husband but I did not fake the nikkah because on the day of nikkah I cried and though wow I'm married and never had a doubt about my nikkah and me and him always spoke and said '' This isn't sin anymore '' A few weeks after, I saw texts and this man talking to other girls and saying rude things that he wants to sleep with them and I thought he was completely someone different. I asked him for a divorce and he gave me the divorce yesterday.

I did istikhara asking is my nikkah valid or not. Before he divorced me and sheikhs told me to ignore the dreams and the only strong feeling I got from istikhara was that It was not valid (but at the same time I got answers from some scholars and they had all told me it is valid. I am still not convinced because I have read online that any intention of marrying your ex whilst your marrying your current husband your nikkah will be invalid. 

At the nikkah there was my dad, the groom, two male witnesses from his side and the Imaam. Please refer me if you can help but I would really appreciate it if you could help. Is my nikkah valid even though I had in my mind that one day I want to get back with my my ex or is it invalid?

Ijaab and Qabool in the presence of witnesses

Q:

1. If a proposal and acceptance take place between a man or woman so are they married. Is this valid or legal in shariah.

Once in a TV program I heard that if a Muslim man and woman accept their proposal and accept each other then they are married and nikah takes place even if no one is present in between them. He said that this is called Nikah Ijaab and Qabool. Ss this true?

2. I also heard that for nikah Ijaab and Qabool​ permission, wish or willing of a woman's father is necessary.

3. If a man and woman accept each other in the presence of her mother and her 14 years old brother, so in this case nikah takes place or not?

4. If a father of a woman wishes to marry her daughter with his sister son (Nephew) and both the girl and boy are fiancee and fiance and both the parents wish to marry them but both girl and boy accept each other saying nikah words in the absence of any witness and both parents are also not present at that time so in this case nikaah takes place or not?

Condition for the validity of nikaah

Q: In my area the Shariah is not applied to its extent. My question is regarding marriage. There are many so called Muslims getting married according to the customs of this area which is not in compliance wih Shariah. People roam freely to choose and meet there life partners instead of the Shariah compliant way. Will these marriages be cosidered as Legal according Shariah?

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)?