Aamina Fatima
1
Assalaam alaikum. I need urgent answer to my question if possible please, with authentic hadith with proper isnaad and fatawas. I am a woman of hanafi maslaq. I married my first cousin, also hanafi, (paternal uncle’s son) in the following manner. We sat together at a place and and made a video call to his younger brother and one of my other cousins, who although the same age as my husband, is actually an uncle in relation. Now, they both were made aware of the situation beforehand that they are going to be witnesses to my nikah. Also, they both know me well and recognise my voice and can attest to hearing the offer and acceptance of the proposal. Now, my husband read the khutbah and nikah and offer. I accepted and the witnesses were asked if they heard it. Similary my husband accepted and it was confirmed if the witnesses heard it. Both the witnesses had eyes on us and were aware that me and my husband were in the same place. I had confirmed this manner of nikah online as well before attempting it. It was from another similar nikah. After the nikah and consummation I informed my father and my other family members about the nikah all within a week or two and asked them to keep silent about it for a little while till we could convince my husband’s parents first. So they are not aware of it. I even got my mehr. Now, I am being told that since my witnesses were physically not present in the same room, even though they heard everything and can testify, my nikah is invalid. Please explain on this matter. I have even contacted the UAE online fatawa centre but I am not getting clear elaborate answers. Also, my cousin sister also married my husband two months later in somewhat similar manner. Mu husband was sitting with two witnesses in one country and my cousin was in another country and these two parties were on video call. Although one witness was a fellow cousin and family the other one was a stranger who did not know her or recognise her in any way and she is not even sure of who he was exactly because his full name was not taken while naming the witnesses. And that nikah was a secret between the two of them for 3 years. No one knew about it and nor did they consummate their marriage. Neither did she get her mahr. But they were under the impression that they were married. Now, please tell me
1.Are these two nikahs valid?
2.And if they are not valid, is it mandatory that both of us conduct the nikah again, even if now one of the sisters feels that she cannot stay married to the man?
Please explain with fatawa and hadith in detail. I even mailed mufti menk about this in detail but the only answer I got was that nikah without wali is valid. But here the question is not of the wali but of the witnesses being present on video.
