From: azhar@duke.cs.duke.edu (D. Salman [Quintessential] Azhar)
Newsgroups: soc.culture.pakistan
Subject: Re: Nikah by Phone
Date: 13 Nov 92 22:42:44 GMT
Organization: Duke University Computer Science Dept.; Durham, N.C.

In article <4787@equinox.unr.edu> zafir@unssun.UUCP (Zia Zafir) writes:
>In article <720910166@lear.cs.duke.edu> azhar@duke.cs.duke.edu (D. Salman [Quintessential] Azhar) writes:
>>people (other than the prospective husband and wife). They need to be
>>arranged as follows
>>
>>                     Nikah-Reader
>>Groom                                        Bride
>>Attorney                                     Attorney
>>Witness 1G                                   Witness 1B
>>Witness 2G                                   Witness 2B

>You don't need any attorney as far as Shariah is concerned.

	   Yeah, you are right, an attorney is not required, but
recommended to handle any legal situations that may arise at the last
moment. Furthermore, one of the witnesses can also play the attorney's
rule. In fact, I think that the nikah-reader is also dispensable, as
one of the witnesses can serve the purpose (I will have to confirm
this, but I am reasonably sure).

>>In fact, if a Nikah reader,
>>attorneys, and witnesses are not available, and the a man and a woman
>>hold God as a witness to the marriage (and intend to stay married for
>>life), the nikah is valid according to all Fiqhs I have read. Beyond
>>that Allah knows best.

>>        Salman [Pakistani by birth, single by the grace of God] Azhar

>Salman  From where did you get this.

	   You mean "Pakistani by birth..." :-). 

>Only Fiqh Jaafria allows that where you can have God as a witness (Muta)

	   No seriously, there is a whole different bowl of wax in Fiqh
under laws of necessity and principles of extrapolation. The condition
that about unavailability of witnesses does *not* mean that two people
(man and woman) go to Antartica, and contract a secret marriage, since
no witnesses are available. In fact, it refers to a situation such as
a man and a woman marooned on an Island, with no escape in sight
(kinda Gilligan's Island with only two consenting adults).

	   I am not talking about mutaa, or any secret marriage,
particular to Jafria Fiqh. That is another topic in itself, and has
been discussed to death, already. 

>In Ahl-e-Sunnah wal Jamaa'h (i.e. Hanafi, Maliki, Shafaii, and Hanbali)
>there are two conditions of a Nikaah to be valid.  Mehar should be
>decided and there MUST BE two Muslim witnesses of the Ijab-o-qubool.

	   Are you sure that the witnesses need to be muslim? Do
ahl-i-kitaab suffice. I recall that ahl-i-kitaab suffices... At least
that is what I told Shahid X :-( Oh boy!

>According to Shariah, the Nikah should be announced and open.  It should
>not be secret. 

	   I agree... Nikah is openly announced, and zina is concealed.

> You don't need attorneys or nikah reader but two witnesses
>are MUST.  Khutbah of nikah is sunnah and mehar should be according to the
>status of the groom.
>Zia Zafir

	   I agree that nikah reader is not a must, but customary.


	   Salman [would like Zia Zafir to conduct my nikah] Azhar



-- 
 I must, with emotional fire, burn or illume myself
 I must, with the heat of passion, melt or sublime myself
 I must, in flood of tears, drown or cleanse myself
 I must! I must! I must! For my people and myself -- D. Salman [Q] Azhar
Newsgroups: soc.culture.pakistan