If Some Affirm the Nikah and Others Deny It, What Should Be Done?

Question

An adult young man and an adult young woman have secretly concluded a nikah. The parents of both do not know. On one nikah paper there are the signatures of the agent (wakil), the signatures of the groom and the bride, and the signature of the qadi. The nikah took place in the presence of all of them. When word of the nikah spread, one witness and the qadi, out of fear of certain people, are both denying it, saying that no nikah took place — and the signatures of those who deny are there too.

Answer

(1 and 2) If the young man and the young woman are both equal matches (kuf’) and adult, and the statement of one witness and the wakil is that in their presence it was said to the young man: “This girl is given to you in nikah,” and the young man said: “I have accepted her,” and the girl too was present in that sitting, then according to the Shari‘a this nikah is valid, and…

Source: Fatawa Mahmudiyya

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