Would this be counted as a valid marriage

Fatwa ID: 02588

Answered by: Maulana Tahsin Alam

Question

A woman says, ‘Raheem husband' in a room. Now Raheem was in the adjacent room. If Raheem said qubool in the other room, will that make a marriage? The woman did not hear Raheem saying the qubool. She just thinks what if Raheem might have said the qubool. There were two women in the room with the woman who also didn't hear Raheem saying the qubool. And there was a man with Raheem in the adjacent room. What the woman said, does that count as ijaab of marriage?

Answer

If the woman intended by her words a proposal of marriage, that will count as an ijaab (proposal of marriage).[1] The nikah will not be valid in such a situation as the witnesses did not hear both the ijaab and qubool (acceptance of marriage) which is a condition for the validity of a nikah.[2]

Only Allah SWT knows best

Written by Maulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham  


[1]الأمور بمقاصدها

[2]Ibn Humam, Fathul Qadeer (Deoband: Maktabah Ashrafiyah, n.d.) volume 3 pg. 189-190.

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