Mon. Oct 21st, 2024

Question: I am a widow, and I fell in love with a man whom I got married. Out of desperateness, my current husband married me by providing mahr and just witnessing Allah that we are husband and wife thus, we have physical relationship as husband and wife. Now I am a bit concerned that without any human witness is our marriage valid? If it is not valid, then what is the process to validate it?

Answer: The marriage to be valid according to Shariah, there has to be during the Ijab and qabul (proposal and acceptance) by man and woman, at least two male witnesses and or one male and two women witnesses excluding the Nikha conductor.

Without this requirement the marriage is not authentic. Marrying by making witness to Allah during the Nikah is not valid. As per your question your marriage is not valid. Therefore, having relationship like a husband and wife is completely haram.

Now if you want to have a valid Nikah, then you must fulfil the requirement as mentioned above. Particularly, without ijab-qabul and witnesses the marriage is not valid.

References: [1] Fatwa Alamgiri, vol-1, p-267 [2] Fatwa Shami, vol-4, p-68/74 [3] Badaius Sanai vol-3, p-335 [4] Ibn Hibban: 4075 under I’laus Sunan vol-8, p-3653