Nikah with a Band Tied over the Eyes

Question

Zayd performed nikah with Hinda before two witnesses, but Hinda tied a band of modesty over her eyes. Does this band take the ruling of the niqab, about which it is written in “Radd al-Muhtar” and elsewhere that precaution lies in there being no niqab on the face? Or does it not take the ruling of the niqab, and the nikah will be concluded with all precautions observed?

Answer

The real purpose is identification and distinction (ta‘rif and tamyiz); if this is achieved, the nikah is valid even if the woman is not present in the gathering of the contract and only her name is mentioned, even if the witnesses are blind, and even if the woman is veiled with a niqab.

Source: Fatawa Mahmudiyya

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