Nikah in Hanafi and Shafii Fiqhs

By Mufti Ebrahim Desai
Posted: 21 Rabi-u-Thani 1424, 21 June 2003

Q.) I'd like you to clarify the following points.

1. What are the conditions necessary for the validity of Nikah according to the Mazhab of Imam Abu Hanifa and Imam Shafii.

2. How should a Hanafi lmam perform the Nikah of Muslims who are following Imam Shafii?

3. How should a Shafii lmam perform the Nikah of Muslims who are following Imam Abu Hanifah?

4.How should a Hanafi Imam perform the Nikah of two Muslims when one of them is following Imam Shafii and the other one is a Hanafi?

A.) Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).

It is Sunnat that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (Unmarriageable relative like father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or descendants e.g. son, grandson, etc.

The Mahr (dowry) is the woman's right and should be stipulated prior to the marriage.

The procedure of nikah is the same according to both Madhabs, i.e. Hanafis and Shaafi'ees.

And Allah Ta'ala Knows Best