serious question:NIKAH VALID/NOT

**3ainab** · 12-02-2009, 01:36 PM

assalamualaikum....

I have a very serious question regarding the validity of someone's marriage,
so I therefore request that my query is answered by someone knowledgeable,Jazakallah-khair:

recently I heard someone say marriage can take place even jokingly as long AS someone has witnessed,ie.
someone says to the wife of a husband jokingly,'will u marry me' (to make the husband jealous) and the wife says in the present of a lot of people 'i will'

what is the status of the marriage of this couple?

**Abu Muhsin** · 12-02-2009, 03:53 PM

Originally Posted by 3ainab

assalamualaikum....

I have a very serious question regarding the validity of someone's marriage,
so I therefore request that my query is answered by someone knowledgeable,Jazakallah-khair:

recently I heard someone say marriage can take place even jokingly as long AS someone has witnessed,ie.
someone says to the wife of a husband jokingly,'will u marry me' (to make the husband jealous) and the wife says in the present of a lot of people 'i will'

what is the status of the marriage of this couple?

A woman can not take a second husband while still married, so it would be invalid.

wassalam

**3ainab** · 13-02-2009, 10:25 AM

Originally Posted by Abu Muhsin

A woman can not take a second husband while still married, so it would be invalid.

wassalam

Jazakallah-khair for your reply brother,,
just one more question,
does that mean if it were the other way round then it would become valid?
i.e. if a woman were to say it to a married husband will you marry me and he repiled yes..........

its just that i know some islamic schools where they do plays, the students are very mature,they do acting of the marriage of some sahaaba where they also use these words.
what would be the ruling in this case.

**Colonel_Hardstone** · 13-02-2009, 11:22 AM

Originally Posted by 3ainab

Jazakallah-khair for your reply brother,,
just one more question,
does that mean if it were the other way round then it would become valid?
i.e. if a woman were to say it to a married husband will you marry me and he repiled yes..........

its just that i know some islamic schools where they do plays, the students are very mature,they do acting of the marriage of some sahaaba where they also use these words.
what would be the ruling in this case.

Asslamo Allaikum,

http://www.mahmoodiyah.org.za/faq602.htm

In the Hanafi Madhab this is VERY SERIOUS issue. I suggest whoever is involved to contact a Mufti, explain the ruling in detail and get a Fatwa.

**Intrepid** · 16-02-2009, 03:29 AM

Correct me if I'm wrong brother Muadh_Khan & others, but "I will" or even "will you" doesn't constitute present tense hence would be invalid.

"I will" relates to future tense, hence if I was to say, "I will go shopping" it would mean I would do so sometime in the future, but at present I will not be shopping. Similarly if someone was to say "I will Marry you" It would relate to marrying or intending to marry that person sometimes in the future, hence this is often asked by non-Muslims at the time of engagement.

If it was worded, "do you accept me as your husband" and the female replied, "I do". that would constitute present tense and will therefore be valid even if said in gest.

By the way Sis this applies to divorce also.

**3ainab** · 16-02-2009, 09:11 AM

Originally Posted by Intrepid

Correct me if I'm wrong brother Muadh_Khan & others, but "I will" or even "will you" doesn't constitute present tense hence would be invalid.

"I will" relates to future tense, hence if I was to say, "I will go shopping" it would mean I would do so sometime in the future, but at present I will not be shopping. Similarly if someone was to say "I will Marry you" It would relate to marrying or intending to marry that person sometimes in the future, hence this is often asked by non-Muslims at the time of engagement.

If it was worded, "do you accept me as your husband" and the female replied, "I do". that would constitute present tense and will therefore be valid even if said in gest.

By the way Sis this applies to divorce also.

Jazakallah khair for your replies........I think, im gonna take brother Muadh_khan's advice and ask a Mufti......it seems like a very complicated matter,especially if the fatwa would have to be ruled according to what has been said.

**Colonel_Hardstone** · 16-02-2009, 09:39 AM

Asslamo Allaikum,

I am not sure Brother Intrepid about this and its best to refer the matter to a qualified Mufti and be certain.

This sort of joking shouldn't happen.