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Unregistered
16-01-2013, 12:03 AM
Salaam.. If in the presence of several people, a male and female talk of being married, jokingly, is nikkah made?

Ml.Habib Bobat
23-01-2013, 08:51 AM
Just merely speaking about Nikah does not constitute a Nikah.

In order for a Nikah to be valid the following elements need to be found
1. Ijab (Proposal) & Qabool (Acceptance) both must be in the past tense.
2. Two witnesses

If the above criterion is met then Nikah will take place irrespective whether it’s jokingly or not.So if an adult boy and an adult girl jokingly propose and accept one another in marriage in the past tense as is done in a real Nikah in the presence of two witnesses, the marriage will be valid according to the Hanafi Madhab.

Nabi (S.A.W) Said: The joking of three things are a reality Nikah, Talaaq & Itaaq (freeing a slave). The implication of a joking Nikah is the same as a real Nikah. The boy will be regarded as a husband. He will have to maintain the girl as his wife. The girl cannot marry another person until the boy divorces her and she spends her iddah. The institution of Nikah is sacred and one must approach it with the respect it demands.



And Allah Ta'ala Knows Best