Ruling on Denial After Marriage Conducted Before Witnesses
Source: Fatāwā Amunpūrī by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpūrī
❖ Question:
A man, in the presence of witnesses, contracted a marriage with a woman in exchange for a dowry. Later, he denied the marriage. What is the ruling?
✿ Answer:
If a person, in a sound state of mind, has performed ijab wa qubūl (offer and acceptance) in the presence of witnesses, then the nikāḥ is validly concluded. A later denial does not affect the validity of the contract.
◈ Prophetic Evidence
Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
«ثلاث جدهن جد، وهزلهن جد: النكاح، والطلاق، والرجعة»
“There are three matters which, whether done seriously or in jest, are binding: nikāḥ (marriage), ṭalāq (divorce), and rajʿah (return to one’s wife after divorce).”
(Sunan Abī Dāwūd 2194; Sunan al-Tirmidhī 1225; Sunan Ibn Mājah 2039; Sharḥ Maʿānī al-Āthār 2/58; Sunan al-Dāraquṭnī 3/256)
- Imām al-Tirmidhī رحمه الله graded it ḥasan gharīb.
- Imām Ibn Jārūd رحمه الله (d. 307H) graded it ṣaḥīḥ.
- Imām al-Ḥākim رحمه الله (2/192) said it has a ṣaḥīḥ isnād.
- Ḥāfiẓ Ibn Ḥajar رحمه الله classified it as ḥasan. (al-Talkhīṣ al-Ḥabīr 3/210)
Conclusion:- A nikāḥ conducted with proper ijāb and qubūl before witnesses is valid and binding.
- Later denial does not annul it.
- Marriage, divorce, and return after divorce remain effective whether done seriously or in jest.
