Fatwa ID: 03975
Answered by: Maulana Imran Mughal
A woman says "Saad husband" while sitting in a room with her two sisters. Now if 'Saad', who was sitting in the next room hears this and says the qubool and many people hear it, will that make a marriage?
The woman in question did not intend to say ijaab of marriage while saying "Saad husband". Her sister in that room made a joke that the wife of 'Saad' will call him saying "Saad husband". The woman in question laughed at this and repeated what her sister joked about, "Saad husband". While saying so, this thought crossed her mind whether this counts as the ijaab of marriage.
That is why she is thinking what if 'Saad said the qubool, will that make a marriage? Please note that the woman in question and 'Saad' were sitting in different rooms and this woman did not hear' Saad' saying the qubool.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Assalamualaikum Wa Rahmatullahi Wa Barakaatuh,
If a woman says ‘Saad husband’ and the man replies ‘(her name) wife,’ these words will not constitute nikah even if the witnesses hear this.
However, one should be mindful when uttering words of nikah and talaq especially, as they sometimes may be binding on the person even if their intention was otherwise.
Only Allah knows best
Written by Maulana Imran Mughal
Checked and approved Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Ibn Nujaim, Al-Bahr Ar-RaaiqSahrhKanz Ad-Daqaiq(Beirut: DKI Publishers, 1997), 3:149
Al-Fatawa Al-Hindiyyah(Beirut: DKI Publishers, 2000), 1:300.