Tuesday 21 March 2017

RULES OF SHARIAH GOVERNING MARRIAGE AND DIVORCE - Part 2

Secondly, for all transactions and contracts, in order that they be concluded and finalised, under Shariah it is not a condition to have a witness. A witness is only needed when parties get into a dispute. However, Nikah is not such a transaction. For Nikah to be valid it is mandatory that it be conducted in presence of witnesses. If a man and a woman mutually agree to have their marriage solemnized in the absence of witnesses, and even if neither of them ever differs or retreats, even then the marriage would be invalid according to Shariah, unless it is conducted in presence of witnesses. The actual Sunnah of the Holy Prophet ﷺ is that Nikah must be solemnized with a public announcement.

According to Imam Abu Hanifah RE, and several other leading Muslim jurists, the aspect of Ibadah (worship) and Sunnah in Nikah dominates over the aspect of transaction and contract. Evidences from the Quran and Sunnah support it.

Continued...

From Ma'ariful Quran, Interpretation of Surah al-Baqarah, by Mufti Muhammad Shafi RE

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