Nikah (Marriage) without a niyah (intention) for nikah.
Question:
1. If two people are having a Nikkah and they both say ” Yes I accept” three times in front of witnesses and the wali but they don’t mean it by heart so will the Nikkah still be validated or not?
2. What is haq mehr how is haq mehr paid? what are the conditions for haq mehr?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
1a. It is important what both the bride and groom say. There are two components of the Nikah. Ijaab (proposal) and Qubool (acceptance). In such an ijaab and qubool, one of them has to be in past tense. Hence the correct wordings for Ijab or qubool should be.. “I have married so and so”. And the other party should say, “I have accepted”. If one of them is in present and future tense, but the other is in past tense, then the nikah will be enacted. [i]
1b. The second important factor is doing nikah without having an intention for it. Provided that the wording were correct as per “1a”, then regardless of the intention, the nikah will be enacted. In fact, the nikah is even enacted the two parties did so jokingly without having any intention of marriage.
2. Mahr (Sadaaq) : Please see : https://fatwa.ca/marital/could-you-please-explain-the-procedure-to-determine-the-mahr-for-marriage/
And Allah Ta’āla Knows Best
Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca
