Fatwa No. (18212) Q: I proposed to a girl who is my cousin, and my uncle agreed to it and said to me: she is yours.
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Fatwa No. ( 18212 )
Q: I proposed to a girl who is my cousin's daughter, and my cousin agreed to it and said to me: "She is yours." And I said: "I accept that, and I am at your disposal in any case." But no shaykh was present to write the marriage contract, and after that I swore by divorce several times, but not intentionally on my part, and I was not swearing by divorce because I was the suitor of this girl, but out of my ignorance. So does my divorce take effect, or is a marriage contract necessary?
A: Divorce before the contract does not take effect; because it is not valid except from a husband, and the suitor who has not contracted the marriage is not a husband, so his divorce is not valid and does not take effect; due to his saying (peace and blessings be upon him):Sunan Ibn Majah 2081Da'if (Darussalam) And due to his saying (peace and blessings be upon him):
Bulugh al-Maram 8:138 And this speech that occurred between you and your cousin does not establish the marriage, for one of the conditions for the validity of the marriage is: the consent of the proposed-to woman by speech or by silence if she is a virgin, and the presence of two witnesses who testify to the offer and acceptance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I proposed to a girl who is my cousin's daughter, and my cousin agreed to it and said to me: "She is yours." And I said: "I accept that, and I am at your disposal in any case." But no shaykh was present to write the marriage contract, and after that I swore by divorce several times, but not intentionally on my part, and I was not swearing by divorce because I was the suitor of this girl, but out of my ignorance. So does my divorce take effect, or is a marriage contract necessary?
A: Divorce before the contract does not take effect; because it is not valid except from a husband, and the suitor who has not contracted the marriage is not a husband, so his divorce is not valid and does not take effect; due to his saying (peace and blessings be upon him):
Divorce belongs to the one who takes hold of the calf (i.e., her husband).
إنما الطلاق لمن أخذ بالساقThere is no divorce except after marriage
لا طلاق إلا بعد نكاح
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.