If the Officiant Denies the Nikah Afterwards: The Ruling on the Second Nikah

Question

A woman, of her own will and consent, had her nikah performed with a man in the presence of witnesses. Besides the two witnesses there was a third man — the one who performed the nikah (the officiant). After some time four or five common people (who were in extreme anger and rage) intimidated the officiant and asked him: “Did you perform the nikah of this woman with so-and-so?” Seeing their enraged state, the officiant answered: “No.

Answer

If the spouses stand by their nikah and there are two witnesses — sane, adult Muslims — who say, “The offer and acceptance (ijab and qabul) took place before us,” then that nikah is valid, and in this case the woman’s second nikah is not valid. The officiant is merely an agent (wakil) for the offer and acceptance; the principal party (asil)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.