Fatwa ID: 02872

Answered by:  Maulana Tahsin Alam​

Question:

Assalamu Alaikum Wa Rahmatullah

Zamal comes to Samina and asks her, ‘Have You married Rahim?' Or 'Did you marry Rahim?' Samina jokingly replies, ‘Yes' in front of many people. But Samina did not know whether Rahim has appointed Zamal as his agent to conduct the marriage. She just jokingly replied. Now if Rahim has actually appointed Zamal as his agent to conduct the marriage, then will the above situation make Samina and Rahim married?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

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

If the above-mentioned case occurred during a discussion of marriage and formality, then the nikah will be binding on the condition of the husband’s acceptance.

Sayyiduna Abu Hurayrah (radiyallahu ‘anhu) reports that Nabi (sallallahu ‘alayhi wa sallam) said:

There are three things which, whether undertaken seriously or in jest, are treated as serious; Marriage, divorce and taking back a wife (after a revocable divorce) (Sunan Tirmidhi, Hadith: 1184, Sunan Abi Dawud: Hadith: 2194 and Sunan Ibn Majah, Hadith: 2039)

Only Allah SWT knows best

Written by Maulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham