Is My Nikah Valid If One of the Witnesses Doubts Hearing the Offer and Acceptance?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Our marriage contract was done in the presence of 2 male witnesses. After a few days, one of the witnesses started to doubt if he really heard the offer and acceptance (Ijab and Qubul) from my side. He is doubtful about it. Is our marriage valid?
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 and for seeking an Islamic answer.
Yes, the marriage contract is valid. I understand where you are coming from, as offer and acceptance have to take place even though one of the witnesses has a doubt. This will be disregarded and ignored. Certainty will prevail as there was yourself and others too.
There is a fiqh principle, “Certainty is not lifted by a doubt.” [Ibn Nujaym, al-Ashbah was al-Nadha’ir; al-Majalla al-Ahkam al-‘Adiliyya]
Most Important Matter in a Marriage Ceremony
Marriage is concluded and contracted with the offer and acceptance in the presence of two male witnesses or one male and two female witnesses. [Maydani, Al-Lubab fi Sharh al-Kitab]
Related:
A Guide to Marriage: SeekersGuidance Reader.
Love, Marriage, and Relationships in Islam: All Your Questions Answered.
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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.
