The Ruling on Marriage Without Offer and Acceptance – Islamic Guidance
Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 731
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?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
❖ 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.
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).”
✿ 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.
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.
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
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
