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Is proposal & acceptance without witness allowed in Islam?

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

 

One of our brothers/sisters has asked this question:

As salaam u alikum

I hope are going to give the answer of my first question.Which i`ve already sent.This question relates to my friend.I hope you are going to clear my friend`s confussion.

Kindly tell me one thing first, For Nikkah is it necessory that there should be Four Witness(Gawah)? If two persons have done "Aeejab o Kabool" like this, we`ve accepted each other by making our witness Allah and this they`ve said Thrice,and their intentions are also pure,they have accepted each other as husband and wife.Is their nikkah correct or not?

Another thing is if they slept together for 3 or 4 nights but they have not done intercourse is this going to call haraam and what will be it`s "Kaffarah"
Actualy they were un abe to control their feeling that`s why they have touched each other....but the thing is that their intentions were pure and still it`s pure and now they want to get settle down in thir lives in a proper way but the boy`s family is not agreed and he has done this thing just to be on safe side that my friend should not get married with any other person.The thing is that he loves my friend a lot because he liked my friend just for her Islamic nature and brought up,my friend feels guilty for every thing but her intentions are also pure....

kindly tell some thing to guide my friend.They have asked two or three Moulanas some them have said it`s right if your intentions are pure......and some have said it`s equal to Zinnah.......they are very up set..any ways they are going to get married whether their parents are going agree or not.....coz they don`t have any other choice.......send answer on my mailing address.

Jazakumullahu Khairan Wassalaam

 

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Answer:

 

Is proposal & acceptance without witness allowed in Islam?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

Your question: Kindly tell me one thing first, For Nikkah is it necessory that there should be Four Witness(Gawah)?

The following are the obligatory conditions for a marriage to be recognized as legal and valid in Shariah:

Two witnesses

The agreement of mehr


The proposal by the man and acceptance by the bride.

 

Most scholars are of the opinion that the consent of the wali or guardian is also an obligatory condition of marriage, but some scholars say that it is not an obligatory condition, and a marriage without the consent of a wali will be recognized as a legal marriage.

 

But all scholars of all the schools of thought of Islam are absolutely unanimous in their opinion that for a marriage to be recognized as legal and valid in Islam, there must be at least two witnesses to the marriage contract.

 

Your question: If two persons have done "Aeejab o Kabool" like this, we`ve accepted each other by making our witness Allah and this they`ve said Thrice,and their intentions are also pure,they have accepted each other as husband and wife.Is their nikkah correct or not?

If two people individually perform the Aeejab and Kabool (proposal and acceptance), without meeting the other obligatory conditions of marriage; their marriage will not be regarded as legal and valid in Shariah.

 

Marriage is not a secret affair in Islam, whereby a man and a woman agree to get married in secret and call Allah Subhanah to witness their union, however pure their intentions may be! Marriage is a public affair in Islam, and Islam has guided the believers to announce their marriage in public, hold two witnesses, and determine the mehr so that the rights of both the man and the woman are upheld and recognized in society.

 

If such a marriage, whereby a man and a woman individually marry in secret is allowed, just imagine the chaos in society and the state of the woman if the next day the man denies ever marrying her? Or the woman denies marrying him the night before? The social or civil laws of Islam are laid down by Allah and His Messenger (saws), to protect the honor and rights of both the parties.

 

Your question: Another thing is if they slept together for 3 or 4 nights but they have not done intercourse is this going to call haraam and what will be it`s "Kaffarah"

It is absolutely inappropriate in Islam for a non-mehram man and woman to casually meet each other in private, leave alone sleeping together for a couple of nights! Although they did not commit the heinous sin of zina, their living together illegally will still be considered a grave sin in Islam, and an evil path that leads to the heinous crime of zina!

 

They should immediately amend their conduct and seek sincere repentance and Taubah from Allah Subhanah; and that will be their kaffarah or penitence.

 

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:(O Prophet) say: O My servants who have wronged their own souls.Do not despair of Allahs Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.

 

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

 

Your question: Actualy they were un abe to control their feeling that`s why they have touched each other....but the thing is that their intentions were pure and still it`s pure and now they want to get settle down in thir lives in a proper way but the boy`s family is not agreed and he has done this thing just to be on safe side that my friend should not get married with any other person.The thing is that he loves my friend a lot because he liked my friend just for her Islamic nature and brought up,my friend feels guilty for every thing but her intentions are also pure....

The purity of the intention should be seen in the actions and deeds of the holder! Using pure intentions to do evil and transgress the boundaries of Allah is no excuse! They should immediately seek to do the honorable and right thing, seek forgiveness from Allah Subhanah, amend their conduct, and try to convince their families to get them married in a legal way.

 

However pure their intentions, they will not hold any weight if the boy decides tomorrow that he is unable to confront his parents and marry your friend!

 

Your question: kindly tell some thing to guide my friend.They have asked two or three Moulanas some them have said it`s right if your intentions are pure......and some have said it`s equal to Zinnah......

The moulanas or scholars who said their deeds were all right if their intentions were pure, will not be by their side to justify their acts in the Court of Allah Subhanah on the Day of Resurrection! If they have not had actual physical intercourse, then one cannot accuse them of zina; but it is evident that the path they have taken leads to the evil and heinous sin of zina.

 

The boy and the girl must fear Allah Subhanah, respect and honor the boundaries that Allah has laid down, and not allow Shaitaan to make their act fair-seeming in the guise of pure intentions! They must realize the enormity and abomination of their actions in the sight of Allah Subhanah, turn to the Merciful and sincerely seek repentance, and amend their conduct; it is expected that they will find their Lord Most Merciful, Oft Forgiving.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 

 


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