Is engagement and verbal consent from the father in the presence of the daughter and mother considered a valid marriage contract that necessitates divorce from the first suitor before marrying another?
The jurists differed on the validity of marriage through allusive language (other than explicit wording). Some permitted it if the allusive language indicated possession and the mention of the dowry, while others prohibited it. Sheikh al-Islam Ibn Taymiyyah held the view that marriage is valid with anything that indicates the consent of both parties, whether it is a statement or an action, and that allusive language, when accompanied by contextual indicators, is like explicit language. However, this validity through allusive language is conditioned by the presence of intention and circumstantial evidence. If the intention of the father and the man converged on establishing the contract with these words, the marriage is valid, even if it lacks witnesses, and this can be remedied by having witnesses at the time of consummation (al-bina'). As for the mother's statement, "We have given her to you," it holds no weight. It is not permissible for parents to prevent their daughter from marrying someone she is pleased with if he is a man of religion and good character.
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