The form of halala
Question
For the purpose of halala, Zahra, an adult (baligha) woman previously married (thayyiba), was married to Ja‘far without a condition. Since Zahra’s father had given the imam permission for the nikah, for the sake of secrecy the respected imam, himself acting as agent (wakil) and first witness and making the respected mu’adhdhin the second witness, conducted the offer and acceptance (ijab and qabul) between the two; after that intimacy also took place between them. The question is: is the halala permissible or not?
Answer
If Zahra and Ja‘far were both present, the respected imam conducted the ijab and qabul in their presence, and one other man was present besides them, then this nikah is valid: the man and the woman will be regarded as the ones who made the ijab and qabul, and the respected imam and that one man will both be regarded as witnesses under the Shari‘a; then the intimacy too was…
Source: Fatawa Mahmudiyya
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