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Fatwa on Marriage Without the Word "Nikah" or "Tazweej".

Question:

I have done legal marriage contract in the presence of the guardian, the husband, two witnesses, and my mother. My father made a small speech, then said to the husband: Will you accept my daughter as a wife to you? He said: I accept her, and then gave me the dowry, is this valid? Knowing that the intention was to have a legitimate marriage contract.

Answer:

Praise be to Allah, and may the peace and blessings of Allah be upon our Prophet Muhammad, his family, his companions, and those who followed him. After that;

We have already explained the pillars of marriage and its conditions. We have mentioned that it is necessary for the marriage contract to be valid that there should be an expression of offer or proposal(Al-eejab) from the wife's guardian or his deputy (who is acting on his behalf), and an expression of acceptance from the husband or his deputy.

And with regards to the statement of the Guardian: "Will you accept my daughter as a wife to you?", it is a question not an expression of the offer. In fact, we have already explained that the scholars differed in the validity of the marriage contract if the expression of offer is issued by the guardian in the form of a question, and the best opinion is that the expression of offer in the form of question is not valid for marriage, because it is not actually an offer, but it is just a question.

It is said in "Muqhni Al-Muhtaaj" that: “or the guardian said: will you marry my daughter? It is not valid, because it is a question.

As the statement of the husband: "I accept" is in the present tense, and free from mentioning the word "marriage" (Tazweej). He did not say: I accept her marriage, for example, and this word is also free if it is used in the past form, it is not valid. So how would it be valid when it is used in the present form?”

It is mentioned in the book "Sharh Manhaj At-tulaab " from the books of the Shaaf'i in mentioning the words by which marriage contract is not valid: (Wa bi qabiltu) in the expression of acceptance for the absence of declaration in it and his intention is not useful. It is necessary to say that "I have accepted her marriage (Qabiltu Nikaahaha) or (Tazweejaha), or the marriage or I am satisfied with her marriage on what Ibn Hubira narrated about the consensus of the four imams ... ah.

It is necessary to hasten to repeat the contract in a proper manner which there is no problem in it.

Allah knows best.

Source of Fatwa:

Fatwa from: Markaz Al-Fatwa

Fatwa No: (377389).

Original text of the Fatwa in Arabic:

السؤال:

عقدت عقدًا شرعيًّا بحضور الولي، والزوج، واثنين من الشهود، وأمي، وقام والدي بخطبة صغيرة، ثم قال له: هل تقبل ابنتي زوجة لك؟ قال أقبل، وبعدها أعطاني المهر، فهل هذا صحيح؟ مع العلم أن النية موجودة على عقد شرعي.

الجواب:

الحمد لله، والصلاة والسلام على نبينا محمد، وعلى آله، وصحبه، ومن والاه، أما بعد:

فقد سبق أن بينا أركان النكاح وشروطه في الفتوى رقم: 114807، وذكرنا أنه لا بد لصحة العقد من وجود الإيجاب من ولي الزوجة، أو وكيله، والقبول من الزوج، أو وكيله، وقول الولي: "هل تقبل ابنتي زوجة لك"...

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