If a mature boy and girl took an oath on the Quran after their engagement and then made Allah SWT, Mohammed S.A.W witnesses and thereafter did the nikah with ijaab and qabool on their own (i.e. without anyone’s presence), and then announced in their family the whole act; are they considered husband and wife? Was their nikah valid?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the Name of Allah, the Most Gracious, the Most Merciful.
No, they will not become husband and wife by doing that. In nikah, it is a condition that two men or one man and two women are present.
In fact, it is mentioned in the Fiqh books that if a person says that the Prophet (sallallahu alaihi wa sallam) will be the witness of the nikah, then according to some scholars he will leave the fold of Islam. This is because he attributed Ilmul Ghaib (knowledge of the unseen) to the Prophet (sallallaahu alaihi wa sallam) whereas Ilmul Ghaib is the exclusive attribute of Allah Ta'ala.
Hence, the boy and girl referred to in the query must repent and renew their iman. And if they wish to get married to one another, they must do proper nikah. The girl must seek permission of her father before she gets married to someone. Without permission of her father, the girl's nikaah may not be valid.[i] (Fatawa Mahmudiya: 10/613-615)
And Allah Ta'ala knows best
Mufti Faizal Riza
Darul Ifta Australia
[i] Note: A nikah that is done without witnesses is called “Nikah Faasid” (invalid nikah). The rule in a nikah faasid is that the nikah is not valid. Moreover, it is necessary for the couple (in a nikah faasid) to separate from each other. It is also necessary that either the man or the woman says to the other “I have left you”. After this, the woman can get married to someone else provided that sexual intercourse did not take place (in the nikah faasid). If sexual intercourse did take place then she must observe iddah (waiting period) before she marries someone else. The iddah is three menstruations or (if she is pregnant) delivery of baby.
Also, if sexual intercourse took place in the nikah faasid, then the man must pay the woman either the stipulated mahr or the mahr al-mithl, whichever of the two is lesser. (Shami: 4/266, Ma’rifa)
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