Nikah with the Words “I Give Myself” and the Testimony of Non-Upright People at a Nikah

Question

Ahmad Ibrahim Sufi enticed a Muslim virgin girl named Hafiza Bibi and took her to a certain village, and said to the imam of the mosque of that village: “Perform (recite) the nikah of us both.” The said imam refused, saying: “I do not perform nikahs in such contentious matters.” So, because of this refusal of the imam, the said girl, in the presence of two men and two women, gave herself to Ahmad Ibrahim Sufi; however, the mahr was neither mentioned nor specified at that gathering.

Answer

(a) Making off with a girl is great shamelessness and baseness. Regarding the nikah contract, the question mentions only “giving oneself”. If the girl merely gave herself, and Ahmad Ibrahim Sufi said nothing in reply but kept silent, then the nikah has not been concluded. If, however, offer and acceptance (ijab and qabul)

Source: Fatawa Mahmudiyya

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