How a Nikah Is Established

Question

Zayd has a daughter named Hind, unmarried, seventeen years old, a grown young woman. Once Khalid saw ‘Umar talking with this daughter of Zayd, Hind, and a suspicion arose in Khalid’s mind: why is he talking in private with a strange (ajnabiyya) girl? Khalid mentioned this to Hind’s father and to the respected people of the neighbourhood, and ‘Umar was asked what the matter was.

Answer

A nikah is established first and foremost by witnesses. If there are not present even two just (‘adl), reliable (thiqa), trustworthy witnesses, then the confirmation (tasdiq) of both spouses suffices, such that if one of them denies, the nikah is not established. Therefore, if two just and reliable witnesses are present, they will be given weight.

Source: Fatawa Mahmudiyya

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