Short answer
A nikah is valid when a man and a woman who are lawful for each other make an offer and acceptance (ijab and qabul) in one sitting, with their consent, in front of two qualified witnesses. Mahr is due but naming it is not a condition. In the Hanafi school an adult woman's own consent completes the contract; the other three schools also require her wali.
The pillars of nikah are ijab and qabul in one sitting. Its conditions are that both parties are lawful for each other and agree to it, and that two Muslim witnesses (two men, or one man and two women) hear both sides together. The wali is not a condition for an adult, sane woman, though involving him is sunnah and kafa'ah applies.
Other madhhabs
- Shafi'i
- The wali and two just ('adl) Muslim male witnesses are conditions of validity. Women cannot act as witnesses to a nikah.
- Maliki
- The wali is a condition. Witnesses must be present before consummation, even if not at the contract, and an agreement to keep the marriage secret spoils it.
- Hanbali
- The wali and two just Muslim male witnesses are conditions of validity.
Explanation
Nikah is a contract, and like any contract it has pillars and conditions. The pillars are the offer (ijab) from one side and the acceptance (qabul) from the other, in clear words such as "I have married you" and "I accept", spoken in the same sitting. No imam, mosque or certificate is a pillar, although each has its place.
For the Hanafi school the conditions are:
- Lawful partners: the two are not mahram (close relatives barred for marriage) to each other, she is not married to someone else or in her iddah (waiting period), and he does not already have four wives.
- Consent: an adult man or woman cannot be married off without their agreement. Forcing anyone into marriage is a serious wrong, and because the Hanafi books hold that words of acceptance spoken under compulsion still take effect, anyone pressured into a nikah should speak to a mufti.
- Witnesses: two sane, adult Muslims, either two men or one man and two women, who hear the offer and acceptance at the same time and understand that a marriage is taking place.
- A present, definite contract: not a marriage for a fixed period (mut'ah) and not one tied to a future date.
Mahr (the bridal gift) becomes due on the husband by the contract itself. If it was not named, the nikah still stands and she is owed the mahr of a woman like her (mahr al-mithl). See the minimum mahr.
The wali (guardian) is where the schools differ most. Hanafis hold that an adult woman's own nikah is valid, but it is sunnah for her wali to arrange it, and a match below her standing can be undone. Read marrying without a wali before deciding anything. Announcing the nikah, a sermon (khutbah) and a walimah are sunnah, and civil registration protects both of you. The step by step process is in our nikah guide.
The evidence
Quran, Surah An-Nisaa 4:24
۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًۭ ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ﴿٢٤﴾
And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.
After listing the women barred for marriage, the ayah makes all others lawful when sought in marriage with mahr and chastity.
Quran, Surah An-Nisaa 4:21
وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍۢ وَأَخَذْنَ مِنكُم مِّيثَٰقًا غَلِيظًۭا ﴿٢١﴾
And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?
Allah calls marriage a solemn covenant, which is why it has fixed pillars and witnesses.
Sahih al-Bukhari 5136
Sahih... لا تنكح الأيم حتى تستأمر ولا تنكح البكر حتى تستأذن ...
"A previously married woman is not married off until she is consulted, and a virgin is not married off until her permission is sought."
Consent of the woman is required for the nikah.
Sunan an-Nasa'i 3369
Graded hasan... فصل ما بين الحلال والحرام الدف والصوت ...
"What separates the lawful from the unlawful is the daff and the voice, that is, making the marriage known."
A nikah is meant to be public, unlike a secret relationship.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, opening chapter. Nikah is concluded by ijab and qabul and needs two witnesses, two men or one man and two women.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Nikah, on the conditions of the contract. Details the one sitting rule and that witnesses must hear both sides together.
- al-Mughni (Ibn Qudama), Kitab al-Nikah. The Hanbali conditions: wali, witnesses, consent and a lawful partner.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.