Nikah before a Gathering without Designating Witnesses

Question

Here a wedding procession came to the mosque. The nikah was to take place after the Maghrib prayer. The one performing the nikah said: “Bring witnesses.” The girl’s father said: “We are sitting in the house of God — what need is there for witnesses? You read the nikah.” At that time the girl’s permission was not made known in any way either. So did this nikah take place or not?

Answer

Since the offer and acceptance were conducted before the gathering, they are all witnesses. It is not necessary to appoint witnesses specifically. If the girl’s father had told her beforehand: “I am marrying you to such-and-such a young man for such-and-such a mahr,” and the girl did not refuse, then that too is permission.

Source: Fatawa Mahmudiyya

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