Is My Nikah Valid If I Signed the Marriage Contract Consensually but Did Not Say It Verbally?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My husband was in the masjid with all the witnesses (my father, wakil, etc.) for our nikah; I was at home by myself, where I signed the nikah nama but did not verbally consent to anything (only my father was with me when I was signing).
I’ve never questioned our nikah, but after seeing other, I’m wondering if we technically fulfilled all of the necessary conditions; I read somewhere that it’s required that I give verbal consent to the nikah or give verbal consent to the wakil to consent on my behalf, and I’m not sure how (or if) that affects the validity of our nikah. To be clear, I signed a marriage contract freely and happily, and we now have two children. Is our nikah valid, or do we need to take any further action?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health.
Your marriage (nikah) was valid. Your father was your representative (wakil), and your silence and signature were your consent and permission. Rest assured, and do not worry.
Aisha (Allah be pleased with her) reported: I said, “O Messenger of Allah, should women be asked for their consent before marriage?” The Prophet, peace and blessings be upon him, said, “Yes.” I said, “Indeed, sometimes a virgin is too shy to speak when asked.” The Prophet said, “Her silence is her consent.” [Bukhari; Muslim]
It is valid to appoint an agent (tawkil) for marriage verbally and in writing and give him permission to marry one off. It is not a condition to have this witnessed for the validity of the marriage, but rather it is recommended due to the fear and likelihood of denial and disagreement. [Ibn ’Abidin, Radd al-Muhtar; Qadri Pasha, al-Ahkam al-Shariyya]
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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 is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
