Witnesses being present when taking consent from the girl at home before the nikaah

Q: In my country, before the actual nikaah, the qadhi goes to the bride's house to get her signature. Some people insist that there should be 2 witnesses there and some say no since this is not an actual nikaah but just to confirm that the bride has given her permission.

What is the ruling here? Should there be 2 witnesses when the bride gives her approval at her house and they have to be present in the nikaah to confirm that OR the mere statement of a wali during the nikaah (that my daughter has given her approval) is taken to be sufficient without the involvement of any witness (to confirm the above)?

A: The simple thing is that which is in vogue in most places. All that is required is to get the consent of the girl. This can be taken by the father, brother, uncle etc. The rest is not required.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)