Question: In performing the nikaah, after the question of acceptance is put to the girl and she has answered yes and this message is relayed to the imam or marriage officer, is it now compulsory for the imam to ask the boy the acceptance question and for him to answer? I've witnessed a nikaah where the questions were asked to the girl and then the imam proceeded with the khutbah. Being my niece who was getting married, I mentioned to my brother to ask the imaam if it was not necessary to ask the boy the questions also. He, the imaam said the mere idea that the boy came to the girl's home to get married showed his acceptance, therefore it was not necessary to ask him. Please tell me if this nikaah is valid?

Answer: Although both parties have come together for the sake of marriage, it is essential that the ijab and qubool (consent and acceptance) be clearly stated and heard by the two witnesses. While it may be said that the mere coming to the girl's home shows the boy's acceptance, it can be equally stated that the mere dressing of the girl and the food preparation at the girl's home also shows an acceptance from the girl. As such, there was really no need to ask the girl the question, but yet, we see that the Imam asked her the question. As such it is important to understand that a promise to marry is totally different from the actual contract of a marriage. A mere intention and a promise does not suffice for the actual ijab and qubool. The actions of the boy and girl on the day of their marriage, prior to the official consent and acceptance, simply shows an intention to marry each other and cannot represent the official ijab and qubool of both parties.

Hence, it is essential that the relevant statements be clearly made by both the boy and girl, and it is also essential that the two witnesses hear these statements. In the above mentioned case, it was compulsory upon the Imam to ask the question to the boy so that the acceptance be established in front of the witnesses. Seeing that the boy did not say anything, it means that the Nikaah took place with an ijab alone and there was no acceptance from the boy. Hence, this Nikaah remains invalid until it is corrected.


And Allah knows best.
Mufti Waseem Khan