Assalamaulaikum Imaam sahab,
wanted to ask you something really desperately. If a mature young boy and agirl sayas kabool three times by taking Allah and RASOOL (S.W.A.) as their witness is their marriage valid. Isnt Allah enough to keep as a witness ? And then if the guy said Talaq under anger if that marriage was accepted does that mean talaq happened? in general also under anger if any1 says talaq are they separated really? please help me out here.
One of the conditions for the validity of Nikaah is the presence of two matured Muslim men or one man and two women, who can listen to the Ijaab (proposal) and Qubool (acceptance) of the couple.
There is no doubt that Allaah and Rasool are enough for witness. But this witness will work in the life hereafter. As regard to this life, man is not aware if Allaah and Rasool witness and hence no claim can be proved. To prove any claim in this world one has to bring his proof and witness. One can present one’s witness only when the witness is from mankind. If Allaah and Rasool are accepted in this world as witness then the door of corruption and sin will open and everyone will do what he wants abusing the witness of Allaah and Rasool. Therefore, the Nikaah is not valid in the case mentioned in the above-question.
Talaaq is to break the bond of Nikaah and when there is no Nikaah, Talaaq will not affect.
As regard to giving Talaaq in anger, Talaaq is given in anger and not under happiness. Therefore, Nikaah will nullify if Talaaq is given under anger.
NOTE: TAKING RAROOL AS WITNESS HAS BEEN REGARDED SHIRK BY SOME ULAMAA. SINCE TAKING HIM AS WITNESS MEANS HE IS PRESENT EVERY WHERE AND AT THE PLACE OF NIKAAH WHILE HAVING SUCH BELIEF ABOUT RAROOLULLAAH IS REGARDED AS SHIRK.