Two Men Claiming Nikah with One Woman

Question

Two men named Tajammul ‘Ali and ‘Abd al-Nur claimed marriage to one woman, and each presented witnesses to his claim that his nikah took place first. Testimony to the contract (‘aqd) was then called for: Tajammul ‘Ali presented one agent (wakil) and one witness, while the other witness, despite being summoned, refused to testify, saying: “I have already testified once in the community council; I will not testify again before the appointed official.

Answer

The nikah is concluded with the testimony of the father; however, if one of the spouses denies it, then the father’s testimony in favour of his child is not accepted judicially (qada’an). In the case asked about no one denies it. Therefore this nikah will not be called impermissible: ‘Abd al-Nur’s nikah is valid.

Source: Fatawa Mahmudiyya

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