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A Form of Offer and Acceptance for Nikah

Question

Zayd says that in questions (1) and (2), in the presence of witnesses, having given — that is, he accepted Bakr’s daughter and also her care (kafala) three times; and Bakr’s daughter too, in both questions, accepted marriage (zawjiyya) with Zayd in the presence of witnesses, and in the presence of Bakr.

Answer

If the offer and acceptance of a nikah are made in the presence of one Muslim man and two women, the nikah is valid according to the Shari‘a and their testimony is accepted. The testimony of a fourteen-year-old girl, if she is adult (baligha), is also accepted in nikah according to the Shari‘a. When a girl is adult, her nikah does not remain suspended (mawquf)

Source: Fatawa Mahmudiyya

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