This statement does not constitute a valid marriage

25-5-2010 | IslamWeb

Question:

may Allah bless u for answering the question no.2263855 in fatwa no. 134659,the girl is relax than before,but still one thing disturbs her which she wants to ask,
when she was engaged(marriage promise) to the first boy ,once her father said to the girl in front of people,o girl speak gently with this boy and his father as this boy is your husband and his father is your father in law but it was clear he (father) was not doing the nikah.As later the engagement was broken and now she is married to another man.her presen husband loves her but she is not happy she thinks the sayings of her father in front of people may become nikah .please reply her she is pious girl and wants to live with her husband with love.but the sayings of her father in front of people disturbs her

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

We confirm here what we have already mentioned that there must be a wording of the marriage contract which is the proposal [by the bride’s guardian or his deputy] and acceptance [by the bridegroom or his deputy] as this wording is an essential pillar in the contract. If it is not fulfilled, the contract is not valid.

Hence, the mere statement of this woman’s father in front of her ex-fiancé and his father “this man is your husband and his father is your father-in-law” does not constitute a valid marriage. Therefore, we advise her to avoid these whispers.

Allaah Knows best.

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