Question:-
A scholar performed Nikah for a couple. There were only three adults present for the Nikah ceremony including the scholar. This basically means that the scholar was the first witness whilst the groom became the second witness. Is the Nikah valid?
Answer:-
In the queried scenario, the Nikah was not valid. There should be a minimum of two witnesses to the Nikah besides the groom; if another male (besides the groom) was present together with the scholar, then the Nikah would have been valid. Since the Nikah was not valid, it will have to be performed again in the presence of two male witnesses, or one male and two female witnesses. The witnesses must be Baaligh, understanding and Muslim.
ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين بالغين عاقلين مسلمين (اللباب في شرح الكتاب – كتاب النكاح)
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 18 Dhul Qa’dah 1443 / 19 June 2022
