Validity of marriage in this case

28 Jun 2019 Ref-No#: 2013

Assalamuwalaikum wa Rahmatullahi wa barakatuh..please answer me this question urgently..I am a girl..if I prepare a form of marriage like I am daughter of so and so accepted as husband the son of so and so and there is a place for signing below for acceptance..And as well as written for they boy son of so and so accepted me as wife and a signing place for him to…I signed the form infront of my brother who was 13 years old(I later asked by a boy to him if he(my brother) was mature,my brother said he had pubic hair so we considered him mature and continued marriag) went to they bridegroom with the form(the groom was staying at a place approximately 1 km far from my house) and the groom signed the place for him infront of my brother and an other mature witness..after that a imam of mosque signed as supervisor after 8/9 hours later..Is this nikah valid in this case..??

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

It is necessary for the witnesses to hear the offer and acceptance of marriage.

In the enquired situation, the Nikah will only be valid if the following two conditions were found:

  • The girl verbally read her offer in front of two witnesses,
  • When the boy received the form, he two verbally accepted the offer in front of two witnesses

If they sufficed only with signing the document, and nothing was said audibly in the presence of witnesses, the Nikah will not be valid.

References

وصورته أن يكتب إليها يخطبها فإذا بلغها الكتاب أحضرت الشهود وقرأته عليهم وقالت زوجت نفسي منه أو تقول إن فلانا كتب إلي يخطبني فاشهدوا أني زوجت نفسي منه. أما لو لم تقل بحجرتهم سوى زوجت نفسي من فلان لا ينعقد لأن سماع الشطرين شرط صحة النكاح، وبإسماعهم الكتاب أو التعبير عنه منها قد سمعوا الشطرين بخلاف ما إذا انتفيا (رد المحتار ج٣ ص١٢)