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Islam/Validity of Nikah in different situations.

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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
Bismillahir-Rahmanir-Rahim (In the Name of Allah, Most Gracious, Most Merciful)

Assalmalaikum

Dear Sister,

There is no presence of wali, and by going with the following hadith, its void.

AbuDawud Book 005, Hadith Number 2078.
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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.

However one should not make jokes of such type or else will suffer from guilt as shaitan will create confusion and one ends up under pain and suffering.

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Its my duty to help those in need. You are free to ask as many questions as you like.

If you are not convinced or feel the answer did not address all your questions, pls write back immediately without any hesitation. Please do forgive me if there is an unexpected delay in replying.

rg
Ahmer

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which is the best religion - how to identify the true scripture
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love affairs & Islam
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Riba
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( Note: I am not a mufti, if you are in doubt or want 100% accuracy please verify the above hadith with an authentic personality. However I have not altered any hadith and presented it as and how it was found. May Allah forgive our mistakes from time to time...ameen.)

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Ahmer

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Solutions strictly from the Quran and the authentic Hadiths. ****** website www.islamnatural.com ****** Do pose your questions and see the difference in our answers.

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Preaching Islam since childhood, and further gained commanding knowledge of almost every affairs of the religion though authentic books and attending lectures by notable scholars of Islam

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