Heavenly Jewels
Rule- It is necessary that the witnesses are Aaqil, Baaligh and that they all hear the words ofNikah together. If the Nikah is between a Muslim male and female then it is a condition that the witnesses are also Muslim. Therefore the Nikahoftwo muslims wi l l not be done with the Shahaadat (witnessing) ofKaafirs. Rule- If the witness is a foreigner and does not know the language spoken here but if he understands that Nikah is occurring, hears the words, can also pronounce the words even if he does not comprehend them, thenNikahwill be done. (Alamghiri) Rule- A witness is not only that person who was appointed in the gathering ofthe contract ofNikah rather all those present who heard the Jjaab and Qabool are witnesses but only if their testimony can be heard to at the time ofneed. (Alamghiri) Rule- At the time of attaining permission for Nikah from the woman, there is no need for witnesses meaning at that time ,ifthey are not there and are present at the time ofthe Nikah being made only, then Nikahwill occur. However if the woman does not give consent then it is necessary that it be witnessed. (Raddul-Muhtaar) Rule- It is also necessary that the woman being given in Nikah i s known to the witnesses even if it means taking her father's name with her's. Rather taking his name is better so that there remains no obscurity. (Raddul-Muhtaar) Rule- When taking permission from the woman, the names of the boy and his father should also be mentioned so that she knows perfectly well who her future husband is. Note - AHadeeth states, "Allah � will increase the disrespect ofhe who marries a woman for her social standing, the neediness ofa person who marries a woman for her wealth and increase the baseness of he who marries a woman for her family ties. However Allah £ will grant Barkat in the woman for the man and vice versa if the man marries to protect himself from wrong and marries to do good to his relatives " 1 82
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