Is a Verbal Nikah Valid Without a Contract and the Husband’s First Wife’s Knowledge?
Answered by Mawlana Ilyas Patel
Question
Is my Nikah valid if it was verbal, with no contract signed, the imam acted as my wali, witnesses were present, and my husband did not inform his first wife?
Answer
In the Name of Allah, the Most Merciful and Compassionate
It was valid if the person you married was a legally suitable match. The Imam acting as an agent and guardian (wali) and having two witnesses present will make the marriage valid.
Issue of Compatibility (Kafa’a)
In the Hanafi school, a marriage without a guardian’s approval (wali) is only valid if the person she is marrying is legally considered a suitable match (kafa’a). Was this the case?
According to the famous relied position in the Hanafi school, a woman’s marriage without the approval of her guardian (wali) is only valid if the person she is marrying is legally considered a suitable match (kafa’a). This is the position adopted by the overwhelming majority of the Hanafi fuqaha. [Ibn Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]
General Marriage
Marriage is concluded and contracted with the offer and acceptance in the presence of two witnesses, or one male and two female witnesses. It is also permitted that both parties have agents conducting their marriage; hence, both agents will pronounce the offer and acceptance on behalf of the man and woman. [Ibn ʿAbidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]
Always Consider Parents Wishes and Blessings
Many times, parents in this situation feel betrayed and deeply hurt. This is far from the Quranic injunction: “treat your parents with excellence.” [Quran, 2:83]
Parents should always be consulted and involved in the process of getting married. They are, after all, the parents—the ones who raised and nurtured them.
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.
– What if a Marriage Lacks Guardian Consent?
– Is It Permissible to Conduct a Marriage via Video-Conference? (seekersguidance.org)
– The Elements of Meaningful Marriage Contracts – SeekersGuidance
– Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
– Can Two Marriage Ceremonies Take Place? – SeekersGuidance
I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
