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IJA’B AND QUBUL IN NIKAH

Answered according to Hanafi Fiqh by DarulUloomTT.net
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QUESTION:

As Salaamu Alaikum,

Zayd and Samina used to like each other. One day a friend of zayd named jabir asked Samina ‘Do you marry zayd’? Samina said ‘yes I do’ in front of many male people. Are they married now? Note that although all these thing happened in front of zayd, zayd did not say anything nor did he appoint jabir to conduct the marriage.

ANSWER:

Wa Alaikum As Salaam,

Based on what you have described, it shows that they are not married. The question ‘Do you marry Zayd’ gives no indication that Samina is being asked. ‘Have you accepted Zayd as your husband’? Or ‘Have you married Zayd’? The question posed to Samina has other possible meanings. It could mean, ‘Do you want to marry Zayd’? Or ‘Will you marry Zayd’? In these cases, the questions are asking about something which will occur in the future, as to what her intentions about Zayd are. The answer ‘Yes’ which has been given by Samina, simply explains her intention. It is as if she is saying, ‘Yes, I want to marry Zayd’, or ‘Yes, I will marry Zayd’. In this case, her answer ‘Yes’ does not indicate or inform one of a contract which has been done, nor does it say that she has accepted Zayd as her husband. Her answer only shows that she is desirous of marrying him and not that she has married him already.

Further to this, we see that Zayd did not give any ‘acceptance’ (Qubul) to what was placed before him, and a Nikah requires both an Ija’b and a Qubul. We also see that Zayd did not appoint Jabir as his wakeel to contract his Nikah on his behalf.

Therefore, no marriage took place in the situation which you have described, and Zayd and Samina are not married to each other.

And Allah Knows Best

Mufti Waseem Khan

13/12/2017

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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