The rules of offer and acceptance
The wording, timing and setting that a proposal and its acceptance must satisfy for a marriage (nikah) to be valid.
Offer (ijab) is the first person's words, and acceptance (qubul) is the other person's reply agreeing to it. For example: the man says, "I have married you," and the woman says, "I accept."
Rules for the offer and the acceptance
- The words must be said as if it has already happened: like "I have married you," not "I will marry you tomorrow."
- The words must be spoken (or written by someone far away, or signed by someone who cannot speak), not just done as an action. If a man hands over the mahr without saying any words of acceptance, that is not enough for a marriage.
- The answer must come right after the question, in the same sitting. If people get up, walk away, eat a full meal, or get busy with something else in between, they have to start over.
- The answer must match the offer. If the woman changes what is being agreed to, there is no marriage, except that she may accept a smaller mahr than offered, or he may accept paying more than she asked.
- The offer and acceptance cannot be about the future or depend on an "if": like "I will accept tomorrow" or "I accept if such-and-such happens."
- Both people must hear and understand each other's words.
- Everyone must be sure exactly who is marrying whom.
- The words used must clearly mean marriage: words like "I marry you" or "I have made you my wife." Words that do not mean this, like "I lend you" or "I entrust you," do not create a marriage.
Ijab (proposal) and qubul (acceptance) are the conversation and agreement by which a marriage is established, whether conducted by the man and woman themselves or by their guardians or agents. Whoever speaks first makes the ijab; the other party's agreement is the qubul.
Conditions for a valid offer and acceptance
- Both the offer and acceptance, or at least one of them, must be in the past tense, so it is understood the marriage has already taken place: for example, "I have married you" met with "I accept."
- Both must be spoken. If the offer and acceptance are carried out by an action instead of words (ta'ati) (such as a man saying "I have married you, and this is your mahr" while the woman silently takes the mahr), the marriage is not valid.
- Writing stands in for speech only when the writer is absent, not when present. A written proposal read out to two witnesses, followed by a verbal acceptance before those witnesses, is valid. A mute person may use understood gestures instead of words.
- Qubul must come only after ijab is fully stated: if the acceptance is spoken before the proposer finishes a sentence that changes the meaning (such as naming the mahr), it is not valid.
- Ijab and qubul must occur in the same sitting (majlis). Anything that signals turning away (standing up, other conversation, eating more than a bite, drinking, lying down, praying) breaks the sitting and both must be repeated. A short pause with no such interruption does not break it.
- Qubul must correspond to ijab. If the man proposes with one dowry and the woman replies accepting marriage but not that dowry, the nikah fails. It remains valid, though, if she accepts a lower dowry than he named, or he accepts paying more than she asked.
- Neither statement may refer to the future or be made conditional: "I will accept tomorrow" or "I accept if such-and-such happens" invalidates the nikah.
- Each party must actually hear and understand the other's words, or their written equivalent.
- Both the bride and groom must be clearly identified. The groom's presence is usually enough; the woman must either be present, or named together with her father's name before the contracting parties and witnesses.
- The proposal and acceptance must use words that explicitly denote marriage: 'nikah', 'tazwij', or a clear equivalent such as "I have made you my wife", or words that transfer ownership of a whole person outright, such as gift, charity, or sale, provided marriage is intended and understood by the witnesses. Words like lease, loan, will, trust or mortgage do not create a marriage, because they do not transfer full ownership.
Ijab and qubul carried out purely by action rather than by speech (ta'ati) do not establish a valid nikah.
| Situation | Ruling |
|---|---|
| Marriage attributed to the woman's whole body, or to a part like the head or neck that customarily stands for the whole | Valid |
| Marriage attributed to a part that does not stand for the whole, like a hand or foot | Not valid |
| A man and woman jointly declare, meaning it to take effect now, that they are spouses, in front of witnesses | Counts as ijab and qubul; the nikah is established |
| The same declaration, but only meant to report a marriage that never actually happened | Does not establish a nikah |
| Ijab and qubul spoken under coercion, compulsion, or in jest | The nikah is still established |
| Ijab and qubul spoken in a language other than Arabic | Valid |
| The parties do not fully understand the meaning of the words used, but know these words establish a marriage | Valid |
| An incorrect term is used (e.g. "Niqah" for "Nikah") because the speaker does not know better, or because it is common colloquial usage | Valid |
| The same mistaken term used though the correct term is known and it is not common usage | Not valid |
Ijāb wa qubūl is the conversation and mutual agreement, whether between the two ʿāqids themselves or their walīs or wukalāʾ, by which the marital relationship is established. Whichever statement is spoken first, by either the man or the woman, is the ījāb; the other party's assenting reply is the qubūl.
Conditions for a valid ijab and qubul
- Both, or at least one, must be expressed in the past tense (māḍī), so that the wording indicates the contract has already been effected.
- Both must be verbal. If either statement is replaced by an action (taʿāṭī) (for instance, the man declaring the ijāb and the mahr but the woman merely accepting the mahr without verbal qubūl), the nikah does not take effect, since taʿāṭī does not stand for qubūl in nikah as it may in sale.
- Writing (kitābah) stands as the equivalent of speech only where the writer is ghāʾib (absent), not ḥāḍir (present). Where the ijāb is in the past tense, both the writing and the qubūl must be read out to the witnesses; where it is in the imperative, only the qubūl need be. A mute person's understood gesture (ishārah maʿhūdah) substitutes for speech.
- The qubūl must not be uttered until the ījāb is complete: meaning the proposer has finished speaking with no further intention of adding words that would alter the sense (as adding a mahr figure would).
- Ījāb and qubūl must occur within the same majlis. Any iʿrāḍ (turning away) between them (rising, engaging in unrelated speech, taking more than one mouthful of food, drinking, reclining, or occupying oneself with an act such as ṣalāh) severs the majlis and both must be renewed. Mere silence or delay with no such intervening act does not sever it. Where the ījāb is transmitted by letter, the qubūl must fall within the majlis in which the letter is read; if read in a different majlis from the one in which qubūl is given, it is invalid unless the letter is read again in that later majlis.
- Ījāb and qubūl performed while in motion, on foot or in a moving vehicle, fail for want of a unified majlis; performed aboard a stationary-relative-to-its-occupants moving boat, they are valid.
- The qubūl must correspond (muṭābaqah) to the ījāb in its terms. Divergence (for instance, accepting the marriage but rejecting the stated mahr) invalidates the contract; the exception is where the woman's qubūl names a lesser mahr than the man's ījāb, or the man's qubūl names a greater mahr than the woman's ījāb, either of which stands.
- Neither ījāb nor qubūl may be muḍāf ilā al-mustaqbal (referred to a future time) or muʿallaq (made contingent on a condition).
- Each ʿāqid must hear (samāʿ) and understand (fahm) the other's words, or their written equivalent.
- Both parties must be muʿayyan (specifically identified). The groom's presence in the majlis ordinarily suffices for his identification; if absent, he must be specified as the woman is. The woman is identified by her presence, or by her ism and her father's ism stated before the ʿāqidān and the shuhūd; where she bears two names, the better-known one suffices.
- The ījāb and qubūl must employ either the ṣarīḥ (explicit) terms nikāḥ or tazwīj, or an unambiguous synonym; or a kināʾī (implied) expression that effects immediate tamlīk of a complete entity (hibah, ṣadaqah, tamlīk, or sale), provided the speaker intends marriage, or qarīnah indicates it, and the shuhūd likewise understand this intent. Terms such as ijārah, ʿāriyah, waṣiyyah, amānah or rahn do not effect nikah, since none of them immediately vests tamlīk of a complete entity.
Taʿāṭī, carrying out the ījāb and qubūl of nikah by action rather than speech, does not establish a valid nikah, unlike in contracts of sale where taʿāṭī is generally sufficient.
| Situation | Ruling |
|---|---|
| Nikah attributed to the whole body, or a part customarily standing for the whole (head, neck) | Valid, since usage treats such parts as denoting the whole person |
| Nikah attributed to a part not customarily standing for the whole (hand, foot) | Invalid |
| Man and woman mutually and presently declare themselves spouses before witnesses, intending to establish the marriage at that moment | This declaration itself serves as ījāb wa qubūl |
| The same mutual declaration, intended only to report a nikah that was not in fact contracted | Does not substitute for ījāb wa qubūl |
| Ījāb wa qubūl performed under ikrāh (coercion), compulsion, or hazl (jest) | The nikah is nonetheless established; heartfelt consent (riḍā qalbī) is not a condition of the contract's formation |
| Ījāb wa qubūl performed in a language other than Arabic | Valid |
| The ʿāqidān lack full comprehension of the words used, but know the words establish a marriage | Valid |
| An incorrect term used through ignorance of the correct one, or because it has become common colloquial usage | Valid |
| The same incorrect term used despite knowledge of the correct term and absence of common usage | Invalid |
This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 2,222 words. Switch back to Guide for the rewritten version.
Rulings of Nikah
Explanation:
Proposal (Ijab) and acceptance (Qubul) refer to the conversation and agreement through which a relationship of matrimony is established between a man and a woman [This conversation and agreement may be conducted either by the man and woman themselves or by their guardians or representatives.] The first statement, regardless of whether it is made by the man or the woman, is called Ijab, while the subsequent agreement of the other party is called Qubul.[For example: (1). If the man says to the woman, “I have married you,” and the woman says, “I accept,” then the man’s statement is Ijab, and the woman’s agreement is Qubul. (2). If the woman says to the man, “I have given myself to you in marriage,” and the man replies, “I accept you as my wife,” then the woman’s statement is Ijab, and the man’s agreement is Qubul.]
Conditions for the Offer and Acceptance:
The following points are necessary for the validity of the offer and acceptance:
- Both the offer and acceptance, or one of them, must be expressed in the past tense (so that it is understood that the marriage has already taken place):
- Both in the past tense: One of the contracting parties says, "I have married you," and the other says, "I accept."
- One in the past tense: One says, "I have married you," and the other says, "I accept" (in this example, only the offer is in the past tense).
- One says, "I marry you." The other says, "I accept." (In this example, only the acceptance is in the past tense).
- Both the offer and acceptance must be expressed verbally: If the offer and acceptance are done via an action, [it is called Ta’ati (i.e. contractual actions), and marriage will not be valid through it]:
- For example: A man says to a woman, “I have married you, and this is your mahr,” but the woman says nothing verbally and just accepts the mahr.
- A woman says to a man, “I marry you in exchange for this mahr,” and the man says nothing verbally but simply provides the mahr. In both of these cases, the offer is verbally made, but since the acceptance was done by action, the marriage will not be valid.
Important Point: Writing is considered equivalent to speech, provided the writer is absent, not present. [That is, the marriage is valid if done by the writing of a person who is absent and not by the writing of one present].
For example, if a person writes to a woman, "I have married you," and the woman makes two people her witnesses and says, "I received this message from [a particular person]," [(Note): if the writing is in past tense, both the writing and acceptance must be read to the witnesses; if the writing is in the imperative tense, only the acceptance must be read to the witnesses], then she says, "I have entered myself into his marriage contract," the offer and acceptance would be valid, and the marriage would be consummated.
However, if the writer is present, then the writing will not have the same status as speech but will be considered an action, and marriage will not be valid.
Furthermore, for someone who is mute, there is no necessity to utter the offer and acceptance verbally; gestures will suffice, provided the gestures are understood [i.e., people know that when this person wants to express approval, this specific gesture is used, and when not approving, a different gesture is used].
- Qubul (acceptance) must only be uttered after the Ijab (proposal) is fully stated. For instance, if a man says, "I marry you with a dowry of one hundred rupees," and the woman responds, "I accept," before he completes the words "with a dowry of one hundred rupees," the Qubul would not be valid, as the Ijab had not yet been completed.
(Important Point): Ijab is considered complete only when the proposer finishes speaking and does not intend to add any words that could alter the meaning of the earlier statement. For example, if the statement "with a dowry of one hundred rupees" were not mentioned, the dowry would be determined as Mahr Mithl (equivalent dowry) [The explanation of Mahr Mithl will come ahead.], which might be one hundred rupees or more. However, with the specific mention of "one hundred rupees," the dowry would be set to that amount, changing its meaning.
- Ijab and Qubul must occur in the same session. If any action that indicates turning away (I‘raz) takes place in between—such as standing up, engaging in conversation, eating more than one bite, drinking something not already in hand, lying down, or becoming occupied with acts like praying or moving about—it would signify a break in the session, invalidating the connection between Ijab and Qubul. In such cases, a new Ijab and Qubul would be required.
(Important Point): If a proposer or acceptor sends written communication, Qubul must occur in the session where the letter is read aloud. If it is read in one session, but Qubul occurs in another, it will not be valid. However, if the letter is read again in the second session and then Qubul occurs, it will be valid.
(Important Point): While in the same Majlis, a delay between Ijab and Qubul is acceptable as long as there is no intervening action that disrupts the session.
(Important Point): If Ijab and Qubul occur while walking (whether on foot or in a moving vehicle), the Nikah would not be valid due to the lack of a unified Majlis. However, if they are performed on a moving boat, the Nikah will be valid.
- The Qubul must correspond with the Ijab. For instance, if the man says, “I marry you for a dowry of one hundred and fifty rupees,” and the woman says, “I accept marriage but not this dowry,” the Nikah would not be valid due to the contradiction between Ijab and Qubul.
However, the following scenarios would be valid:
If the woman proposes a lesser dowry than what the man declared, e.g., the man says, “I marry you for one thousand rupees dowry,” and the woman says, “I accept for five hundred rupees dowry.”
If the man accepts a greater dowry than what the woman proposed, e.g., the woman says, “I marry you for a dowry of five hundred rupees,” and the man says, “I accept for one thousand rupees.”
- The Ijab and Qubul must not reference a future time or be contingent upon a condition. Statements like, “I will accept your marriage tomorrow,” or, “I will accept if such-and-such occurs,” would invalidate the Nikah.
- Each party must hear and understand the other’s words or the written communication equivalent. If one party does not hear the other’s words, the Qubul would not be valid.
- Both the bride and groom must be clearly identified. For the groom, being present is usually sufficient. [If he is not present in the assembly, he should also be specified in the same manner as the woman is specified.] As for the woman to whom the marriage is being contracted, she must also be identified. This can be done by either having her present in the assembly or by stating her name along with her father’s name in front of the contracting parties and witnesses. If the woman has two names, it is sufficient to mention the one that is more commonly known. If there is a mistake in the woman's name or her father's name (and the woman is not present), the marriage will not be valid. [If she is present in the assembly, the marriage will still be valid, even if there is a mistake in the name or if the name is not mentioned at all, and only reference is made to her.]
(Important Point): If the woman is identified without being present or without her name being mentioned, and this identification is made in the presence of the contracting parties and witnesses, then there is no need for her to be present or for her name to be mentioned. For example, if a person has only one daughter and says to another, "I have given my daughter to you in marriage," and the other person responds, "I accept," the marriage will be valid, provided that the second person (with whom the marriage is being contracted) and the witnesses know that this person has only one daughter.
(Important Point): If a person has two daughters, one married and one unmarried, and he says to another person that he has married one of his daughters to him, then the marriage will take place with the unmarried daughter, provided that both the person (with whom the marriage is happening) and the witnesses know that this person has only two daughters, and one of them is married.
(Important Point): If an incorrect name is accidentally mentioned at the time of Ijab and Qubul, the Nikah would be established with the named individual. For example, if a man has two daughters, Saeeda and Hameeda, and he intends to marry off Saeeda but accidentally mentions Hameeda’s name during the Ijab and Qubul, the Nikah would be established with Hameeda.
- In the proposal and acceptance, specific words like 'Nikah' and 'Tazwij' (which are explicit terms for the marriage contract) are used. [For example, (1): "I have married you" or (2): "I have entered into marriage with you." (Note): Even words with the same meaning as 'Nikah' and 'Tazwij' that clearly imply marriage will result in the marriage being valid. For example, (1): A man says, "I have made you my wife," or "I have become your husband," or (2): A woman says, "I have made you my husband," or "I have become your wife."]
Or, expressions that are formulated to immediately give ownership of a complete entity to the other person [these words are referred to as implied expressions.] provided that the speaker’s intention is marriage, or there is contextual evidence, and the witnesses also understand this intention, such as the words:
Hiba [For example, the woman says, "I have given myself to you as a gift"],
Sadaqa [For example, the woman says, "I have given myself to you as charity"],
Tameel [For example, the woman says, "I have made you the owner of myself"],
Buying and selling [For example, the woman says, "I have sold myself to you"].
Important Point: Marriage does not take place through words like "Ijara" (lease), "Ariyah" (loan), "Wasiyyah" (will), "Amanah" (trust), "Rahn" (mortgage), etc., because these words do not immediately establish ownership of a complete entity.
Miscellaneous Rulings on Offer and Acceptance:
The following are essential rulings related to Ijab wa Qubul (Offer and Acceptance):
- If someone attributes the marriage not to the woman’s person but to her body, the marriage will be valid, provided it refers to the entirety of her body or a part of the body commonly understood in customary language to represent the whole (e.g., head or neck). If attributed to a part that does not indicate the entire body (e.g., hand or foot), the marriage will not be valid. [Since in expressions, the head, neck, etc., are understood to refer to the entire body, unlike the hands, feet, etc., which do not imply the whole body, therefore, if Nikah is attributed to the head, neck, etc., the Nikah will be valid. However, if it is attributed to the hands, feet, etc., the Nikah will not be valid.]
- If a man and woman mutually declare that they are spouses, intending to establish a marriage at that moment, such a declaration in the presence of witnesses will serve as Ijab wa Qubul [and the Nikah will be established through this]. However, if their intention is merely to report that a prior marriage took place when no such marriage occurred, this acknowledgement will not substitute for Ijab wa Qubul.
- The performance of Ijab wa Qubul does not necessitate heartfelt consent. Thus, if someone recites the terms of Ijab wa Qubul under coercion, compulsion, or even in jest, the marriage will still be established.
- It is not a requirement that Ijab wa Qubul be performed in Arabic. It may be performed in any language.
- A complete understanding of the meanings of the words used in Ijab wa Qubul is not a prerequisite. Merely knowing that the recited words establish a marriage is sufficient.
- If incorrect terms are used in Ijab wa Qubul (e.g., Saying “Niqah” instead of “Nikah” or “Qabool” instead of “Qubul”), the marriage will still be valid if: The individual is unaware of the correct terms, or The incorrect term has become a common colloquial usage.Otherwise, the marriage will not be valid.
- In the following instances, a single individual may perform both Ijab and Qubul on behalf of the contracting parties (i.e., Ijab alone will suffice for both):
- When one person is the guardian (wali) of both parties (e.g., the groom’s father and the bride’s uncle).
- When one person acts as an agent (wakil) for both parties.
- When one person is both the guardian for one party and the agent for the other.
- When the person himself is the groom and also serves as the guardian for the bride [e.g., a man marrying his uncle’s daughter under his guardianship].
- When the person himself is the groom and also serves as the agent (wakil) for the bride.
Terms on this page
Related
- The pillar and conditions of a valid marriage (nikah) Marriage (nikah) has one pillar, offer and acceptance, and six conditions that must all be met for it to be valid.
- The witnesses to a marriage (nikah) A marriage (nikah) needs two qualifying witnesses who hear the whole offer and acceptance together, or it is not valid.
- Spouses' rights, and marriages that do not hold What a marriage contract owes each spouse, and the situations elsewhere in this section where a marriage (nikah) is invalid or left pending.
- How a marriage (nikah) is conducted The recommended order of a marriage (nikah) gathering, the words actually spoken for offer and acceptance, and what follows the marriage.