1. Renewing an invalid Nikaah with the correct Shar’ie procedure will be judged according to why the first Nikaah was considered to be invalid. E.g. if the Nikaah was invalid due to not having the required number of witnesses, then to make Nikaah again with the correct Shar’ie method will be in order. However, if the Nikaah was considered to be faasid due to one marrying his Mahaarim (i.e. the women one is not allowed to marry), then a second Nikaah with the correct Shar’ie method will not help to make the Nikaah valid. Therefore, each situation will be judged according to the reason of the invalidity of the first Nikaah. If the scenario is such that a new correct Nikaah would help, then the second Nikaah will be in order. On the contrary, if the scenario is such that renewing the Nikaah with the correct procedure will not help then there is no need to renew the Nikaah and if renewed, will still be considered to be invalid.

2. Renewing the Nikaah due to not having the required number of witnesses with the correct Shar’ie method is in order and the nikah will be valid.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Badat

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date:24 Jumaadal Ula 1440 - English Date: 31st January 2019