The Fasid (Irregular) Nikah and Its Rulings

Question

(1) Zayd concluded a nikah with Hinda before two witnesses, but of them one is an adult and the other a minor, though discerning. Is this nikah valid or not? (2) The said Hinda is a widow. She did not express her acceptance of the nikah by explicit affirmation, but remained silent like a virgin; after that, however, her consent became evident in intimacy (mubashara) and the like. Is this nikah valid or fasid (irregular)? (3)

Answer

(1) This nikah is not valid, because it is a condition that both witnesses be sane and adult: [ar]وشرط في الشاهد أربعة أمور: الحرية والعقل والبلوغ والإسلام[/ar] “Four things are made a condition for the witness: freedom, sanity, adulthood and Islam” (“Alamgiri”, vol. 2, p. 275). And a single witness is as though non-existent. (2)

Source: Fatawa Mahmudiyya

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