Fatwa ID: 04467
Answered by: Maulana Shadman Ahmed
I have accepted someone [as a husband] and he accepted me as a wife. And we both said it many times in front of our relatives and other people. But our families don’t allow us to marry. So my question is: [Is] nikah is the acceptance of male and female or not?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Nikah is complete when there are a proposal and acceptance from two mature parties with one of the wordings that indicate to the past tense in the presence of two witnesses. For example, “Will you marry me?” to which they reply, “I have married you.” Once this happens the nikkah is complete. It is not necessary to have a ‘Āqid or a person that does the nikkah. But there need to be witnesses to that.
It will be best to have the local Imam or Islamic scholar to talk to both the families and sort out any differences, so the families can come together through marriage.
Only Allah knows best
Written by Maulana Shadman Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Radd Al-Muhtar, volume 3, page 9-11
وَالْمُرَادُ مِنْ قَوْلِهِمْ إنَّهُ يَثْبُتُ بِالتَّصَادُقِ أَنَّ الْقَاضِيَ يُثْبِتُهُ بِهِ أَيْ بِالتَّصَادُقِ وَيَحْكُمُ بِهِ