Nikah with the Daughter of a Woman Married by a Fasid Nikah

Question

Zayd resides in the house of Jamila, a widow. Jamila gives Zayd authority over herself, and the said Zayd accepts it, and, regarding the said Jamila as his wife, keeps having intercourse with her; but at the time of the offer and acceptance (ijab and qabul) no witnesses were present. Later this woman tells people: “I have given Zayd authority over myself.” Is this nikah without witnesses fasid or valid?

Answer

Nikah without witnesses is not permissible. Therefore this nikah did not become valid, and because of this intercourse Zayd and Jamila have become grave sinners. Their separation and mutaraka (mutual abandonment) is wajib.

Source: Fatawa Mahmudiyya

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