Mistakenly Referring to Bride or Bridegroom with a Wrong Name: The Marriage Contract Is Valid

16-7-2020 | IslamWeb

Question:

Assalmualaykum,recently my dautgher got married, her name is TASNIM during nikah movlana took her name wrongly TASLIM so instead of N he said L in her name, is her nikah is comleted? Or they need to performe nikah agian? Zazakallah.
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Identifying the husband and wife is one of the conditions for the validity of the marriage contract, as stated by the scholars, but if the wife is known to the husband and witnesses, and the person conducting the marriage contract mistakenly referred to her with a wrong name, then there is no harm in that and it does not affect the validity of the marriage contract, so there is no need to renew it. The Shaafi‘i book of Fiqh Mughni Al-Muhtaaj reads: “If he (i.e. the person conducting a contract) mistakenly referred to the mentioned girl (i.e. the bride) with a name other than hers, or if he made a mistake regarding the boundaries of the mentioned house (in a sale contract), or if he said, ‘I give to you this boy in marriage’ while pointing to the girl whom he intends to give in marriage, then both the marriage and sale contracts are valid.” [End of quote]

Allah Knows best.

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