Fatwa ID: 03997

Answered by: Alimah Sabrina Saidova​

Question:

A man says the ijaab of marriage, a woman who is almost in her sleep says 'Yes' without even understanding the whole situation and many witnesses hear this, does it make a marriage between the man and the woman?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful.

Answer:

Intelligence, in other words, full consciousness is necessary during the proposal and acceptance of nikah. If there are certain ambiguities regarding either of the parties to the marriage, such as one of them being unaware of getting married, the marriage will not be valid. It is also necessary for both parties to the marriage (ie. the man and the woman) to hear each other’s speech, either it’s the woman herself or the woman’s wakil (representative) with the husband. Based on the ruling that it is necessary for the witnesses to be free of intoxication, such that if they cannot recall witnessing the proposal and acceptance, their testimony will not be valid. Based on this, we understand that both parties to the marriage must also be in their senses (which excludes being fatigued or sleepy) such that they can recall the event and their response to it. If that is the case, marriage will be valid between the man and woman. However, if one party to marriage responded without having knowledge of what was asked, marriage between them will not happen. 

Only Allah knows best

Answered by Alimah Sabrina Saidova

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham