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Accepting the Marriage in Jest

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by: Maulana Tahsin Alam​


Question


Assalamualikum


Zamal comes to Samina and asks her, ‘Have You married Rahim?’ Or ‘Did you marry Rahim?’ Samina jokingly replies, ‘Yes’ in front of many people. But Samina did not know whether Rahim has appointed Zamal as his agent to conduct the marriage.


She just jokingly replied. Now if Rahim has actually appointed Zamal as his agent to conduct the marriage, then will the above situation make Samina and Rahim married?


 



بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


 


In the name of Allah, the Most Gracious, the Most Merciful


Answer:


If the above-mentioned case occurred during a discussion of marriage and formality, then the nikah will be binding on the condition of the husband’s acceptance.


Sayyiduna Abu Hurayrah (radiyallahu ‘anhu) reports that Nabi (sallallahu ‘alayhi wa sallam) said:


There are three things which, whether undertaken seriously or in jest, are treated as serious; Marriage, divorce and taking back a wife (after a revocable divorce) (Sunan Tirmidhi, Hadith: 1184, Sunan Abi Dawud: Hadith: 2194 and Sunan Ibn Majah, Hadith: 2039)


 


Only Allah knows best


Written by Maulana Tahsin Alam


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham  


 


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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