Proposal and Acceptance

Nikaah performed in jest in the presence of witnesses

Q: I am writing anonymously on behalf of my friend, who seeks guidance regarding a sensitive matter. 

Two years ago, when she was around 14–15 years old and her partner was 15–16, they performed a nikah with witnesses present. It began as a joke for their 4-month anniversary, but the full nikah words were said in front of 3 witnesses: 

The friend asked: “Do you, [his full name], take [her full name] as your wife?” and vice versa 

He replied: “Yes, I take [her full name] as my wife.” 

She also said: “I take [his full name] as my husband.” 

At the time, they did not fully understand the seriousness of their actions. They later consummated the marriage when she was almost 16 and he was almost 17, still unaware that it counted as a valid nikah. 

Now, she realized the marriage may be considered valid in Islam, but she is unsure how to handle the situation given their young ages at the time, the accidental nature of the nikah. 

They seek guidance on: 

1. The Islamic validity of the nikah given their ages and circumstances at the time. 

2. How to properly formalize or rectify any steps (including mahr, witnesses, or scholarly confirmation). 

3. The correct way to proceed if they wish to continue the marriage safely and according to Islamic law. 

Your advice would be greatly appreciated so that everything can be handled properly and responsibly.

Will nikaah takes place if a boy asks a girl “will you marry me”?

Q: What’s the maslah pertaining to the question “will you marry me”?

I learnt a while ago that whether it was done in a school play for example and the boy had to ask the girl or vice versa “will you marry me” and she said yes, they are married? What would be the maslah and how would the marriage be terminated?

What would happen if it happened on WhatsApp or in private? Would they still be married? And how would the marriage be terminated?

What would be the maslah if the people don’t know about the maslah of getting married in this way and they did it? I have a friend who went out with a group of friends and this girl asked him will you marry me and he said ya I will and they were with other friends? Are they married and what would be the next step?

Validity of nikaah if mahr was not mentioned at the time of nikaah

Q: Zaid conducted the marriage of Zainab to Shuaib. But Zainab did not appoint Zaid as wakeel. However Zainab heard the ijab and qubool through the phone and then later when she was asked whether she accepted the nikaah with Shuaib, she said that she accepted. However, she did not notice what was the amount of mahr which was mentioned. So she has no idea about how much mahr she is going to get. Is the marriage valid?

Boy and girl considering each other as husband and wife without proposal and acceptance

Q: If a girl and boy considers each other as husband and wife without proposal and acceptance, will their nikaah be valid or not? I saw in one tv program, there was female advocate who said that it was the opinion of Imam Abu Hanifa that if a man points to a woman in a gathering in front of many people and says that she is my wife and she remains silent, it means that their nikaah is valid. So what is the correct opinion? Will the nikaah be valid or not if any one does like this?