The Ruling on Marriage Without Offer and Acceptance – Islamic Guidance
📚 Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 731
❖ Question:
What is the ruling according to the scholars and jurists on the case where a man repeatedly says to his wife:
“You are my daughter, my niece, and my sister. You are unlawful (ḥarām) for me. Whatever happened between us was sinful, because I never accepted you in marriage.”
Following this, the husband and wife completely separated. Later, the wife filed a case for annulment (fasḵh al-nikāḥ) in the High Court. While recording her statement in court, she addressed her husband:
“You are my father and my brother. I have become ḥarām, ḥarām, ḥarām for you, and I spit in your face.”
The question is: Was their marriage valid? Or was it never established? What is the correct verdict based on the Qur’an and Sunnah?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
✿ Summary Ruling:
❖ According to Sharīʿah, no valid marriage ever took place in this case.
❖ The validity of marriage requires an explicit offer (ījāb) and acceptance (qabūl). These are the essential pillars (arkān) of nikāḥ.
Without them, marriage cannot be established.
❖ Scholarly References:
📚 Fatāwā Ahl-e-Ḥadīth, Vol. 2, Pg. 461
📚 Fiqh al-Sunnah, Vol. 2, Pg. 29:
“The jurists say that the essential pillars of marriage are: offer (ījāb) and acceptance (qabūl).”
❖ Explanation:
✿ According to the case details, neither the husband nor his representative ever formally accepted the woman as his wife.
✿ Therefore, no valid marriage contract (ʿaqd al-nikāḥ) was established.
✿ The man’s statements such as “You are my daughter, niece, or sister” are nothing but nonsensical and inappropriate speech with no legal or Sharʿī consequence.
✿ Similarly, the woman’s response in court—calling him father or brother, or declaring herself ḥarām upon him—has no Sharʿī effect either.
✿ Their time spent together while claiming to be husband and wife was, in reality, unlawful and falls under the category of zinā (fornication) in Islamic law.
⚠ Important Note:
This ruling is issued purely as a Sharʿī opinion and must be verified by a competent legal authority.
The mufti issuing the verdict is not responsible for any legal shortcomings or judicial procedures.
✅ Conclusion:
➊ A marriage without offer and acceptance is invalid in Islam.
➋ No valid nikāḥ was established in this case.
➌ The inappropriate words exchanged between the parties have no bearing in Sharīʿah.
➍ Their cohabitation was sinful and unlawful (zinā).
➎ This matter should be legally verified by competent judicial authorities.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
