Some people, when they are in a gathering and their young daughter enters, say, "Find someone in the gathering to marry me her," and the guardian accepts, and then when she grows up, he comes to take her.
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The questioner : May Allah reward you with good. Some people... when they are in a gathering, they mention their young daughter, and one of them says, "Marry me her," and he says, "I have married her to you." When she grows up, he comes to him and says, "You married her to me..." They are asked to testify. Is this marriage valid?
The Shaykh : What do you say, people?
The questioner : Correct.
The Shaykh : A man says his young daughter came to him, and there was a man with him and two other men, so he said, "Masha'Allah, this is a good girl," and he said, "I have married her to you," and the world went on like that, and the two witnesses are present. Is the marriage valid or not?
The student: It is correct.
The Shaykh : No, it is not valid, it is not valid, because he did not say, "I accept."
The student: He proposed for her.
The Shaykh : Yes, meaning he presented the case and said, "Marry me her," and he said, "I have married her to you." This is where the problem arises. If we say that the father has the right to force his daughter to marry, then the contract is valid.
The student: Correct.
The Shaykh : By Allah, I hold back on this, because it may be that the father sees it in the daughter's interest to marry her to this man, and therefore a person must be cautious about this.
The questioner : In the way of joking.
The Shaykh : There is no joking in marriage; its joke is serious. But if he said, "I want this girl, look, I have given her to you, I have given her to you," would this be a contract? We do not say this is a promise, and even people do not consider this a contract. Yes.
The questioner : Shaykh, may Allah reward you... the matter regarding obligation...
The Shaykh : Yes, meaning the scholars are in consensus that it is not obligatory.
The questioner : There is consensus.
The Shaykh : Yes.
The questioner : If they are living in a land of disbelief, meaning a man...
The Shaykh : How?
The Shaykh : What do you say, people?
The questioner : Correct.
The Shaykh : A man says his young daughter came to him, and there was a man with him and two other men, so he said, "Masha'Allah, this is a good girl," and he said, "I have married her to you," and the world went on like that, and the two witnesses are present. Is the marriage valid or not?
The student: It is correct.
The Shaykh : No, it is not valid, it is not valid, because he did not say, "I accept."
The student: He proposed for her.
The Shaykh : Yes, meaning he presented the case and said, "Marry me her," and he said, "I have married her to you." This is where the problem arises. If we say that the father has the right to force his daughter to marry, then the contract is valid.
The student: Correct.
The Shaykh : By Allah, I hold back on this, because it may be that the father sees it in the daughter's interest to marry her to this man, and therefore a person must be cautious about this.
The questioner : In the way of joking.
The Shaykh : There is no joking in marriage; its joke is serious. But if he said, "I want this girl, look, I have given her to you, I have given her to you," would this be a contract? We do not say this is a promise, and even people do not consider this a contract. Yes.
The questioner : Shaykh, may Allah reward you... the matter regarding obligation...
The Shaykh : Yes, meaning the scholars are in consensus that it is not obligatory.
The questioner : There is consensus.
The Shaykh : Yes.
The questioner : If they are living in a land of disbelief, meaning a man...
The Shaykh : How?