Is a Verbal Agreement on Marriage a Nikah?

Question

‘Umar and Fatima are full brother and sister. Two daughters were born to ‘Umar and two sons to Fatima. The brother and sister made a mutual promise and agreement with each other concerning the marriage of their children to one another. Accordingly, after the children grew up, ‘Umar married his elder daughter to the elder son of his sister Fatima with a proper Shar‘i nikah, and both are happy and content.

Answer

If concerning this younger boy and the girl there was only a promise that they would be married, and no nikah was performed — there was neither anyone present to perform the nikah nor were witnesses present — then no nikah came into being merely by making a promise, and the marriage that ‘Umar has arranged elsewhere is valid and recognized.

Source: Fatawa Mahmudiyya

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