What is the ruling regarding a father who gave his daughter in marriage to a young man with her consent, then later refused to marry her to him despite the mutual attachment of both parties? And does this gift constitute a legally binding act that prevents retraction?
The father's statement to the young man, "I give you my daughter," without mentioning a dowry or the presence of witnesses, does not constitute a valid marriage contract. This is because the majority of scholars stipulate the presence of witnesses for the validity of the marriage. Furthermore, according to the Shafi'i and Hanbali schools, a marriage contract is not valid except with the words "Tazweej" (marriage) or "Inkāh" (marriage). The Maliki school, however, stipulates the mention of a dowry for a marriage by way of gift ().
What transpired from the father is not considered a contract but rather a non-binding promise. Therefore, the father is permitted to marry his daughter to someone other than this young man.
If the young man is suitable and the daughter desires him, the father does not have the right to prevent her, otherwise, he would be deemed an 'āḍil (one who unjustly prevents marriage). In such a case, she may refer her matter to the judge.
We advise the father not to prevent his daughter from marrying this young man without a valid reason. We also advise the daughter to come to an understanding with her father. If the father refuses, it is better for her to turn away from this young man, unless there is harm in leaving him.
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