Is My Civil Marriage Valid with Doubts About Witnesses and Mahr?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

I recently had a civil marriage with a girl two days ago with her father’s consent. The officiator asked if we accepted each other in marriage, and we both said yes. There were two male witnesses, one of whom is occasionally praying. The officiator rejected the initially agreed-upon mahr (dower) and insisted on a monetary payment, so I spontaneously gave the bride approximately 64 USD. I now have doubts about the marriage’s validity due to:

  1. One witness not consistently praying.
  2. The mahr possibly being less than 1.2g of gold.
  3. Uncertainty about whether our actions constituted a valid offer and acceptance.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

The marriage contract (nikah) was valid in your case, as there was permission from the guardian and two witnesses to your marriage, and the offer and acceptance also took place despite your doubt. It is not a requirement if the witnesses are not practicing.

Marriage is concluded and contracted with the offer and acceptance in the presence of two witnesses, or one male and two female witnesses. [Ibn ‘Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]

Minimum Dowry

The minimum dowry, or mahr in Arabic, is 1.06 grams of gold in the Maliki school. And 10 grams of silver in the Hanafi school.  So, according to both schools, your marriage payment ( mahr) is valid. Although you have paid slightly less, it will not affect the validity.

Each dirham approximates 2.975 grams of silver. That makes the minimum dowry approximately $22.97 as of 13/01/2024. According to the Maliki school 1.06 grams of gold price as of 13.01.23 is $69.8472.

At least one gram of gold agreed from her side. [Ibn ‘Ashir, al-Murshid al-Mu‘in]

2.975 grams of Silver based on the Hanafi School

Prices in US Dollars

Silver Nisab | $459.42
Gold Nisab | $5,775.27
1 Gold Tola | $770.02
Mahr al-Azwaj | $1,148.54
Mahr Fatimi | $1,312.62
Minimum Mahr | $22.97

1.06 Gram Gold Price Based on Maliki School 

Minimum Mahr | US Dollar $69.8472

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.