Is the marriage considered valid if the father said to the husband, "I have married my daughter to you," and the husband did not say, "I accept," despite the presence of two witnesses, consummation, and the giving of the dowry?
Marriage has pillars and conditions upon which its validity depends. There is a disagreement among jurists regarding the precedence of acceptance (qabul) over offer (ijab), and concerning the accepted formula (sigha) in marriage. According to the Malikis, Shafi'is, one view among the Hanbalis, and also the Hanafis, a marriage عقد (contract) is concluded if the groom says to the guardian: "Marry me to your daughter," and the guardian says: "I have married you to my daughter." However, according to the prevalent view of the Hanbalis, this marriage is not valid because their fundamental principle is that the offer (ijab) must precede the acceptance (qabul), and the offer must come from the wife's guardian. Therefore, the questioner's marriage is valid according to the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/155099
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 155099
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy