Fatwa ID: 02347

Answered by: Mufti Mohammed Tosir Miah

Question:

First we did ijab and qubol without witnesses later we signed a document in front of two stating that we are husband and wife. But I wasn’t satisfied so I asked my husband to repeat that making him my own wakil in front of 2 witnesses. At last after a year I convinced him to do legal nikah and court marriage in front of nikah khawn and later verify and registered in court. Now I am his wife without doubt but before that a period of a year we had physical relation while he told me m his wife and our relation isn’t void may be irregular or regular so am I halal to him. I at times get worried that perhaps I wasn’t her regular wife from the start. If that so is there any expiation for me. Now we have a valid nikah in every aspect.

Answer

بسم الله الرحمن الرحيم

The issue which needs to be clarified from the aforementioned question is whether the groom can be an agent or wakeel on behalf of the bride and conduct the marriage in the presence of two witnesses.

It is stated in the Hanafi Fiqh the bride can choose the groom to be her wakeel. Then the groom in the presence of two witnesses can conduct the marriage. (Mukhtasar Quduuri p.138)

For example Ahmad wants to marry Zainab. Zainab may authorise Ahmad to contract her marriage with him. Ahmad at the time of the marriage ceremony in the presence of at least two male or one male and two female witnesses will say “I being the agent of Zainab daughter of such and such person have conducted her marriage with me (Ahmad) for “x” amount of dowry. Then Ahmad will reply by saying; “I have accepted Zainab in my marriage in the presence of the witnesses.” The marriage will then be considered valid.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham