The Name of One Sister Was Given in Place of the Other at the Nikah

Question

Anwar Ahmad’s nikah was to take place with Safiyya Begum, but at the time of the nikah, on behalf of the guardian (wali), the name Zakiyya Begum was dictated for entry in the register instead of Safiyya Begum, and the offer and acceptance (ijab and qabul) took place under that same name. After the offer and acceptance, Safiyya Begum wrote her own name in the register, and then people noticed. The agent (wakil) of the contract came and said that a mistake had occurred.

Answer

If the offer and acceptance were conducted naming Zakiyya Begum in place of Safiyya Begum, and the two of them are sisters, then the nikah took place with Zakiyya Begum and did not take place with Safiyya Begum. In this situation it is not permissible to establish marital relations with Safiyya Begum.

Source: Fatawa Mahmudiyya

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