Reference: Fatāwā Muḥammadiyyah, Vol. 1, p. 431
A mosque Imam arranged the engagement of his son while the boy was still a minor. Upon reaching maturity, the son refused to marry that girl. Later, the Imam (the boy’s father) and the girl’s parents mutually agreed to marry her to the younger brother of that boy, and both the girl and the younger brother consented.
However, some congregants accused the Imam of breaking a promise, claiming that Salah is not valid behind him.
The questions are:
➊ Is it permissible for the younger brother to marry the fiancée of his elder brother?
➋ Is it permissible to perform Salah behind such an Imam?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
According to the case:
◄ A mere engagement (nispāt/rishtah) is not a Nikah.
◄ Nikah is a Shar‘i contract, as explained by Imam Ibn Ḥajar al-ʿAsqalānī (رحمه الله) in Fatḥ al-Bārī, Kitāb an-Nikāḥ:
وَفِي الشَّرْعِ حَقِيقَةٌ فِي الْعَقْدِ مَجَازٌ فِي الْوَطْءِ عَلَى الصَّحِيحِ… (Fatḥ al-Bārī: Vol. 9, p. 14)
He states: In the Sharīʿah of Muhammad ﷺ, Nikah in its true sense means contract, while its usage for intercourse is figurative.
A Shar‘i Nikah requires:
◈ Specification of Mahr (dowry),
◈ Presence of two just witnesses,
◈ Consent of the guardian (walī),
◈ Offer and acceptance (ijab-o-qubul).
Without these pillars, Nikah does not exist.
النکاح ینعقد بالایجاب والقبول… (al-Hidāyah, Kitāb an-Nikāḥ, Vol. 1, p. 285)
Nikah is concluded by offer and acceptance expressed in words.
ھو عقد موضوع للملک المتعة…
Nikah is a contract allowing lawful enjoyment between a man and a woman, established through offer and acceptance.
Hence, an engagement is not equivalent to Nikah.
◄ Since the elder brother refused marriage, and engagement is not Nikah, it is absolutely permissible and Shar‘i for the younger brother to marry that girl.
◄ There is no prohibition in this matter.
◈ The elder brother is guilty of breaking a promise (wāda khilāfī), which is a major sin.
◈ He caused unnecessary harm and distress to the girl, which is injustice.
◈ However, if he had a genuine reason, then the matter differs.
According to the case:
◄ The Imam (the father) and the girl’s parents mutually agreed to marry her to the younger son.
◄ This shows the girl’s parents had trust in the Imam and did not consider him responsible for the elder son’s refusal. Otherwise, they would not have given their daughter again to the same family.
Thus:
◈ Accusing the Imam of promise-breaking is incorrect.
◈ On the contrary, this shows he disapproved of his elder son’s refusal.
In Islam, a father cannot be punished for the crime of the son, nor the son for the crime of the father:
لا يَقَامُ الْحُدُوْدُ فِي الْمَسَاجِدِ وَلا يُقَادُ بِالولد الوالد
(Tirmidhī, Dārimī, Mishkāt, Vol. 2, p. 3)
أَمَا إِنَّهُ لَا يَجْنِي عَلَيْكَ، وَلَا تَجْنِي عَلَيْهِ
(Abū Dāwūd, Nasā’ī, Mishkāt, Vol. 2, p. 301)
◈ The Imam should be a sound believer and practicing Muslim.
◈ In Mishkāt al-Maṣābīḥ, Abū Hurayrah (رضي الله عنه) narrated that the Messenger of Allah ﷺ said:
الصلوة واجبة عَلَیکُمْ خَلْفَ كُلِّ مُسْلِمٍ بَرًّا أَوْ كَانَ فَاجرا وإن عَمِلَ الْكَبَائِرَ
(Abū Dāwūd, Mishkāt, Vol. 1, p. 100)
Meaning:
◈ Salah must be performed behind every Muslim Imam, whether righteous or sinful.
◈ However, one known for open immorality should not be appointed Imam.
Since the Imam in this case is innocent, Salah behind him is valid without doubt.
➊ Engagement is not Nikah.
➋ After the elder brother’s refusal, it is completely permissible and Shar‘i for the younger brother to marry the girl.
➌ The Imam is not guilty of promise-breaking, hence Salah behind him is valid.
ھذا ما عندي واللہ أعلم بالصواب
❖ Question
A mosque Imam arranged the engagement of his son while the boy was still a minor. Upon reaching maturity, the son refused to marry that girl. Later, the Imam (the boy’s father) and the girl’s parents mutually agreed to marry her to the younger brother of that boy, and both the girl and the younger brother consented.
However, some congregants accused the Imam of breaking a promise, claiming that Salah is not valid behind him.
The questions are:
➊ Is it permissible for the younger brother to marry the fiancée of his elder brother?
➋ Is it permissible to perform Salah behind such an Imam?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
✦ Difference Between Engagement and Nikah
According to the case:
◄ A mere engagement (nispāt/rishtah) is not a Nikah.
◄ Nikah is a Shar‘i contract, as explained by Imam Ibn Ḥajar al-ʿAsqalānī (رحمه الله) in Fatḥ al-Bārī, Kitāb an-Nikāḥ:
وَفِي الشَّرْعِ حَقِيقَةٌ فِي الْعَقْدِ مَجَازٌ فِي الْوَطْءِ عَلَى الصَّحِيحِ… (Fatḥ al-Bārī: Vol. 9, p. 14)
He states: In the Sharīʿah of Muhammad ﷺ, Nikah in its true sense means contract, while its usage for intercourse is figurative.
A Shar‘i Nikah requires:
◈ Specification of Mahr (dowry),
◈ Presence of two just witnesses,
◈ Consent of the guardian (walī),
◈ Offer and acceptance (ijab-o-qubul).
Without these pillars, Nikah does not exist.
✦ Clarification from the Fuqahā
- Al-Marghīnānī writes in al-Hidāyah:
النکاح ینعقد بالایجاب والقبول… (al-Hidāyah, Kitāb an-Nikāḥ, Vol. 1, p. 285)
Nikah is concluded by offer and acceptance expressed in words.
- In Sharḥ Wiqāyah it is mentioned:
ھو عقد موضوع للملک المتعة…
Nikah is a contract allowing lawful enjoyment between a man and a woman, established through offer and acceptance.
Hence, an engagement is not equivalent to Nikah.
✦ Ruling on the Case
◄ Since the elder brother refused marriage, and engagement is not Nikah, it is absolutely permissible and Shar‘i for the younger brother to marry that girl.
◄ There is no prohibition in this matter.
✦ Promise-Breaking and Sin
◈ The elder brother is guilty of breaking a promise (wāda khilāfī), which is a major sin.
◈ He caused unnecessary harm and distress to the girl, which is injustice.
◈ However, if he had a genuine reason, then the matter differs.
✦ The Accusation Against the Imam
According to the case:
◄ The Imam (the father) and the girl’s parents mutually agreed to marry her to the younger son.
◄ This shows the girl’s parents had trust in the Imam and did not consider him responsible for the elder son’s refusal. Otherwise, they would not have given their daughter again to the same family.
Thus:
◈ Accusing the Imam of promise-breaking is incorrect.
◈ On the contrary, this shows he disapproved of his elder son’s refusal.
✦ Shar‘i Principle
In Islam, a father cannot be punished for the crime of the son, nor the son for the crime of the father:
- Ibn ʿAbbās (رضي الله عنهما) narrated that the Messenger of Allah ﷺ said:
لا يَقَامُ الْحُدُوْدُ فِي الْمَسَاجِدِ وَلا يُقَادُ بِالولد الوالد
(Tirmidhī, Dārimī, Mishkāt, Vol. 2, p. 3)
- Abū Rimthah (رضي الله عنه) narrated:
أَمَا إِنَّهُ لَا يَجْنِي عَلَيْكَ، وَلَا تَجْنِي عَلَيْهِ
(Abū Dāwūd, Nasā’ī, Mishkāt, Vol. 2, p. 301)
✦ Ruling on Following the Imam in Salah
◈ The Imam should be a sound believer and practicing Muslim.
◈ In Mishkāt al-Maṣābīḥ, Abū Hurayrah (رضي الله عنه) narrated that the Messenger of Allah ﷺ said:
الصلوة واجبة عَلَیکُمْ خَلْفَ كُلِّ مُسْلِمٍ بَرًّا أَوْ كَانَ فَاجرا وإن عَمِلَ الْكَبَائِرَ
(Abū Dāwūd, Mishkāt, Vol. 1, p. 100)
Meaning:
◈ Salah must be performed behind every Muslim Imam, whether righteous or sinful.
◈ However, one known for open immorality should not be appointed Imam.
Since the Imam in this case is innocent, Salah behind him is valid without doubt.
✦ Final Verdict
➊ Engagement is not Nikah.
➋ After the elder brother’s refusal, it is completely permissible and Shar‘i for the younger brother to marry the girl.
➌ The Imam is not guilty of promise-breaking, hence Salah behind him is valid.
ھذا ما عندي واللہ أعلم بالصواب
