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The question

Is a marriage contract valid if "Insha'Allah" (God willing) or a similar phrase of deferment is used during the offer and acceptance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A marriage contract is valid if "God willing" is appended to the wording of the offer and acceptance, such as the guardian saying: "I marry you, God willing," and the groom saying: "I accept, God willing."

As for the offer and acceptance in the form of a promise or future tense, such as the guardian saying: "I will marry you off," there is no explicit text from early jurists regarding this.

Jurists have stated that a marriage contract is concluded with the present tense, such as: "I marry you," or "We marry you," or "Marry yourself to me," provided that it is not intended to convey a future meaning or a promise.

Some jurists hold the view that contracts are only concluded with the past tense, not the present tense, because the default meaning of the present tense is a promise.

What can be understood from the words of the jurists is that marriage is not concluded by the guardian saying: "I will marry you off," because the prefix 'sa' (سـ) renders the verb future tense.

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Ftawy
Original fatwa ID
194735
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