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Verbal acceptance of nikaah

Fatwaa ID: 521

Question:
Is it necessary to ask the bride if nikkah is accepted verbally or can her yes be implemented since she knew about it and was accepted it intentionally? If not and she wasnt asked verbally what should be done?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

For the validity of the nikaah, it is necessary for the proposal and the acceptance to be done verbally. This may be from the bride and groom directly or their representatives. Similarly, in the case of bride, it may be from her wali. Intention and assumptions do not hold any significance in the nikaah contract. In the enquired situation, it is not clear how exactly the nikaah was done. We suggest you enquire from your father and/or your marriage officiant. If necessary, the nikaah will have to be contacted again.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

07/13/1444 AH – 02/04/2023 CE | AML1-7011

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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