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I was a divorced lady before I got married the second time. An imam was my wali for my second marriage and my nikah was done in me and my husband's presence.

Though the imam brought two witnesses, they did not appear in front of us but they were in the vehicle; I saw them in the vehicle, but did not see their faces. Both me and my husband didn't know them at all. Further, the witnesses did not hear or see the nikah happening. But their names were uttered as witnesses and the imam (he is an aalim) said that they were informed about it. Now I'm living together with my husband.

My question is: Is my marriage valid? I'm unsure because the witnesses were not seen. And if not, what should I do now?

Please reply me according to shafi madhhab. No issues in publishing my question.

  • Please explain why you didn't have your father or the next wali relative as your wali for this marriage, as the Imam is the last choice and only hanafi allow an experienced woman to marry herself? Then witness usually is understood as heard and seen the act. This means if they met you they would clearly recognize you as bride and bridegroom of the 'akd an-nikah of the day "x". Then you should know even if a marriage might have some issues invalidating it usually needs that either your husband or you or anybody who might have the right to do so asks for invalidation in front of a court! – Medi1Saif Mar 14 '17 at 8:45
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Although it is strange that the witnesses did not have the time to witness the nikah, but you should be at ease because you had the assurance of the Imam. Who, according to you, was a scholar and your wali for the marriage The reason is that, at this point, it is too late for you or your husband to question the validity of you Marriage. You should have inquired about it at that particular moment of Nikah.

Sincerity of your intention, however, should garner the acceptance of your action of giving yourself in Nikah; in the presence of a learned man, the Imam by Allah. Insha-Allah. (H) Moreover, Allah's mercy is more potent and omniscience than His wrath.(Q)

One possible scenario may be that you should go back to the imam and ask him the reason for the witnesses not being physically present at the Nikah? and if possible meet them and let them affirm that they were the witnesses of your marriage. That might put your heart and mind at peace. Apart from that just ask for Allah's acceptance of your Marriage and offer some kaffarah you can afford.

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