Offering and acceptance: [14] The husband and wife are also from the pillars of marriage contract. Some jurists consider the guardian of the woman as well as the witness are from the pillars of marriage contracts too. i. Offering: A marriage proposal from the guardian or the person who is acting in his place.
ii. Acceptance: An expression of acceptance on the part of the groom or whoever is acting in his place.
[15] The definition of offering and acceptance mentioned here is according to the definition of the majority of scholars, namely Maliki, Shafi’i, and Hanbali. As for the Hanafi Madhab, offering is the words uttered first from either of the two parties, be it a man or a woman, so long as the words and expressing used are valid. And acceptance is the response made by the other party if he meets the requirements to make the acceptance. iii. Ruling of Offering and Acceptance: Offering and Acceptance are two of the pillars of the marriage contract in Islam. This is agreed on by the four Madhabs.
2. Rulings pertaining to offering and acceptance:
a) Words of offering and acceptance:
i. Use of explicit words like marriage, wedlock and so on: The marriage contract can be made by using explicit words like marrying (e.g., I offer my daughter in marriage to you, or I marry my daughter to you) or wedding (I wed my daughter to you). This ruling is agreed on by the four Madhabs.
ii. Use of words that indicate marriage: The marriage contract can be made by using any word or expression that denotes marriage. This is the view of the Hanafi Madhab, the view of the majority of the Maliki scholars, [16] If the words used connotes permanency like I give away, it is yours, I transfer the ownership to you, and so on. and one of the views in the Madhab of Imam Ahmad, and it is the view of Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baaz and Ibn ‘Uthaymeen.
iii. Repeating the word of marriage in the acceptance: It is not required for the groom or the one he delegates to act on his behalf to say the word "marriage or wedlock" that has been used in the offering. [17] i.e., It is not required for the groom to say I accept the marriage. It is sufficient just to say I accept. This is the view of the majority of scholars, the Hanafi, Maliki, and Hanbali, and it is one of the views mentioned in the Shafi’i Madhab.
b) Occurrence of offering and acceptance in one sitting:
i. Condition of making the offering and acceptance in one sitting: The four Madhabs [18] The Hanafi Madhab does not require the acceptance to be made immediately so long as the gap is not long. The Maliki scholars allow short time between the offering and the acceptance. However, some of them stated that the acceptance should be immediate, but if they delay is little, then it is acceptable. The Shafi’i scholars stated that immediate response is required but if the gap between offering and acceptance is little, it does not affect the contract. The Hanbali scholars do not require immediate response, regardless of the delay, so long as both the offering and acceptance are made in one sitting, or the two parties do not engage in another matter that people will consider to be interrupting the process. agree that making the offering and acceptance in one sitting is a condition.
ii. Making the marriage contracts conditional upon a future event: It is invalid to make the marriage contract conditional upon something yet to happen, like saying, “I marry my daughter to you if her mother approves the marriage” or “I marry my daughter to you next month” and so on. This is agreed on by the four Madhabs.
iii. Conducting the marriage contract by using technology mediums: It is not allowed to conduct marriage contracts by using modern means of communication like phones and the internet. This is the official resolution issued by the Islamic Fiqh Council and the issued fatwa of the Permeant Committee.
c) Offering and acceptance by gesture:
i. Offering and acceptance by gesture if one is able to Talk: It is invalid to use gestures if one can talk, which is the view of the Maliki and Hanbali scholars, and what the Hanafi [19] The Hanafi scholars stated that gestures are accepted in lieu of uttered words when speaking is impossible, out of necessity. With that said, the condition of the one who can speak does not fall under this category. and Shafi’i [20] The Shafi’i scholars explicitly stated that if a person who can speak divorces his wife by gesture, his divorce will be invalid. However, it will be valid if the person is mute due to the necessity. Madhabs necessitate.
ii. Offering and acceptance by gesture if one is mute: It is valid and accepted to offer or accept marriage by gesture if the person is mute. This is the view of the four Madhabs.
d) Offering and acceptance by writing:
i. Offering and acceptance by writing if one is present: If the person is present in the sitting, his offering or acceptance will be invalid if it was made by writing. This ruling is agreed on by the four Madhabs.
ii. Offering and acceptance by writing if one is absent: The scholars differed on the ruling of offering and acceptance made by writing if the person is not present in the sitting. The majority of scholars, [21] The Maliki and Hanbali scholars did not specify if the person is present or not. Hence, the ruling is applicable to both cases. namely the Maliki, Shafi’i and Hanbali Madhabs, deem it invalid. However, the Hanafi Madhab [22] The Hanafi Madhab stipulates that the witnesses should heard the content that is written, and that acceptance should be made verbally. This is because it is insufficient that both parties resort to writing without the other party express it verbally. allows it, which is one of the views mentioned in the Shafi’i and Hanbali Madhabs and the apparently chosen view by Ibn Taymiyyah and al-Shawkaanee.
iii. Offering and acceptance by writing if one is mute and the meaning of his gesture is not clear: The offering and acceptance of the mute are accepted if he made it by writing and the meaning of his gesture is not understood. This is the view of the majority, namely Maliki, Shafi’i and Hanbali.
e) Delegating others to make the offering or acceptance:
It is allowed for a person to appoint someone else to make the offering or acceptance on his behalf. This ruling is agreed on by the four Madhabs.
f) Scenarios for making the offering and acceptance by the same person:
It is valid for a person to be the one offering the marriage proposal and accept it at the same time in certain cases that the jurists explained as follows:
i. In the event where the person is the guardian of both the groom as well as the bride. This ruling is the view of the Hanafi and Hanbali Madhabs. The Shafi’i Madhab states that the grandfather can marry his grandson of one of his sons to the daughter of his other son (i.e. granddaughter).
ii. In the event where the person is appointed by both the groom and the bride to act on their behalf. This is the view of the Hanafi and Hanbali Madhabs.
iii. In the event that the person is the guardian of the bride, he is allowed to marry her. This is the view of the Hanafi, Maliki and Hanbali Madhabs.
iv. In the event that the person is appointed by the bride to act on her behalf in conducting the marriage contract, he is allowed to marry her. This is the view of the Hanafi and Maliki Madhabs.
v. In the event where the person is the guardian of one of them (i.e., the bride or the groom), and he is also the appointed person to act on behalf of the other one to conduct the marriage, he is allowed to marry her. This is the view of the Hanafi and Maliki Madhabs
g) Joking in offering and acceptance:
The marriage contract is deemed valid and binding once the offering and acceptance are made, even if either or both were joking about it. This ruling is agreed on by the four Madhabs.
feqhia
