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QUESTION: Is it true that the condition of having proper documents, i.e the nika nama, are only the requirement of the country's law? will the nika take place according to shariah without a proper nika nama under the following types of situations:



Situation 1:

A man asks a woman "do u agree to accept nika with me?". The woman says " I DO" and this is repeated 3 times. Two men witness this event, but they do not take it seriously, that is they think that the man and woman are doing this talk just as a game or joke.

Situation 2:

The same situation is repeated as mentioned above, except for the fact that both the witnesses took it seriously and did not consider it a joke.

In both the situations:
1. Are the man and women now married according to sharia?  if the girl now has to marry someone else does she have to take proper talaq from that man even if this so-called marriage was not consumated?

2. If talaq is not taken and the man and woman consumate this marriage thinking that it is a valid nikah, will it be sinful for them?

Please do answer the question.

Jazak Allah.

ANSWER: YES
NO
Joking or serious- nikah wordsa re valid.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your answer. just want to confirm, will this nikah be valid in the absence of a wali?

what about this hadeeth: Narated By 'Aisha, Ummul Mu'minin : The Apostle of Allah (pbuh) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

Please tell me does this nikah still take place in the absence of the girl's wali?

Answer
But there is another hadith about a girl allowed marry without a guardian as once she is age of consent she can transact her own business and hence she can contract her own marriage. This hadith will be used therefore out of caution and respect but legally she can do it on her own.

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Imam Habeeb

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Being an Educator of Islamic Studies and Interfaith discussions for the past 25 years and having authored seventeen books and numerous articles on Islam - I think I can answer questions on Islam and other religions and issues of the Hanafi jurisprudence as well as general questions on Quran and Sharia. Love, sex and marital problems are some such topics! This is an independent volunteering service and not under any organizational banner that I may be affiliated with. My book- Intimacy and the Sacred talks about Sex and Muslims. http://www.iuniverse.com/Bookstore/BookDetail.aspx?BookId=SKU-000463374

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