Minimum requirement for nikkah procedure

http://islamqa.org/hanafi/askimam/28924

Answer

Q: I am proposed to a girl. Our families want us to marry only next year.
Since we are seeing each other, can we perform a secret marriage to avoid
committing adultery and officially marry next year?
A: Rasulullah (Sallallaahu Alayhi Wasallam) advised, ‘Announce the Nikah.’
(Mishkaat pg.272; Qadeemi)
The wisdom behind the announcement is to avoid any misconception of an
illegal and illicit relationship between the boy and girl. Although the
first and secret marriage for the purpose of legalizing intimacy will be
valid, but we are also advised to abstain from doubt and disgrace. If the
Nikah is not announced, people witnessing the relationship will regard the
relationship as Haraam and illegal.
Furthermore, what if the girl conceives and gives birth before the official
‘second’ marriage? The negative factors surrounding that as well as the
child for the rest of his/her life are well known. Therefore, we advise that
if there is a dire need to fulfil one’s desires, the Nikah be expedited to
avoid the abovementioned negative factors of a secret marriage.
and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

A Nikah is performed with a proposal (Iejaab) by the male or female and
acceptance (Qubool) by the male or female in the past and/or present tense
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 (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 who must be
trustworthy and pious male Muslims. They should not be from among the girls
ascendants e.g. father, etc. nor from her descendants, e.g. son, etc.

Having said that, if the sister (attained puberty) wishes to represent
herself at the time and place of Nikah, then she may do so without a Wakeel.
This is according to the Hanafi Madhab – according to Shaaf’ee permission is
incumbent.

A marriage without the two witnesses is not valid. the relationship will be
illegal and Haraam.

THE SUNNAH METHOD OF CONDUCTING A NIKAH

After the girl consents her nikah to be performed, in the presence of the witnesses, you should conduct the nikah in the following manner:

1) It is sunnat to commence the performance of nikah with a khutbah. An easy khutbah such as this one could be recited:

اَلْحَمْدَ لِلَّهِ نَسْتَعِيْنُهُ وَنَسْتَغْفِرُهُ وَنَعُوْذُ بِاللَّهِ مِنْ شُرُوْرِ أَنْفُسِنَا ,مَنْ يَهْدِى اللَّهُ فَلاَ مُضِلَّ لَهُ , وَمَنْ يُضْلِلْ فَلاَ هَادِيَ لَهُ , وَأَشْهَدُ أَنَّ مُحَمَّدًا 

عَبْدُهُ وَرَسُولُهُ .

2) The following three verses of the Quran will be recited thereafter:

                     يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَقُوْلُوا قَوْلاً سَدِيْدًا , يُصْلِحْ لَكُمْ أَعْمَالَكُمْ وَيَغْفِرْ لَكُمْ ذُنُوْبَكُمْ , وَمَنْ يُّطِعِ اللَّهَ وَرَسُولَهُ فَقَدْ فَازَ فَوْزًا عَظِيْمًا.

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَّفْسٍ وَّاحِدَةٍ وَّخَلَقَ مِنْهَا زَوْجَهَا وَبَثََّ مِنْهُمَا رِجَالاً كَثِيرًا وَّنِسَاءً وَاتَّقُوا اللَّهَ الَّذِيْ تَسَاءَلُوْنَ بِهِ وَاْلأَرْحَامَ , إِنَّ 

                                                                                  اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا.

                                                          يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقَاتِهِ وَلاَ تَمُوتُنَّ إِلاََّ وَأَنْتُمْ مُسْلِمُونَ.

3) You will now address your son and say:

“I propose to marry A, daughter of B, to you in lieu of $… as dower, do you accept?”

Your son in turn will say, “Yes, I do accept.” 

Once these steps are carried out, the nikah will be valid. There is no need to mention the third step in Arabic.

4) Immediately after the nikah is performed, it is sunnah to recite the following dua:

بَارَكَ الله ُ لَكَ وَ بَارَكَ عَلَيْكَ وَ جَمَعَ بَيْنَكُمَا فِىْ خَيْرٍ

May Allah bless you and your counterpart and may he secure you with virtue.^[1]

As for performing the nikah in the Church, this is totally unacceptable in the Shariah. This would be tantamount to revering the sacred features of another religion and hence putting ones Iman at stake. This is a general ruling and applies at all times irrespective of whether you participate in the feast after the nikah or not. If the laws of Allah Ta’ala are flouted in the beginning of the marriage, what is subsequent to this will only be worse? After the nikah, we humbly implore Allah Ta’ala to shower His mercy and blessing on this , yet at the same time we carry out such practices which earn his wrath? Such paradoxical practices do not behove a Muslim! Nikah is means of creating a turning point in the couple’s lives to become better Muslims. In this case, the boy ought to draw the girl into religious practices but here; the opposite is coming into effect.

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum  

Ml. Zeyad Danka,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

http://www.askimam.org/public/question_detail/18518