A Promise of Nikah Does Not Constitute a Nikah

Question

Zayd said jokingly to his friend Bakr: “The hand of your daughter Fatima (in marriage) is sought for my son Khalid.” Bakr said in reply: “Yes, it is acceptable to me; I agree.” After that both began calling Fatima and Khalid daughter-in-law and son-in-law. The said words are repeated in several gatherings. It should be clear that Fatima and Khalid were small children, one year old or even younger. Now what needs to be ascertained is: was a nikah concluded according to the Shari‘a by these words?

Answer

This is only a proposal (khitba), which is at the level of a promise of nikah, not a nikah. Therefore no nikah has yet been concluded.

Source: Fatawa Mahmudiyya

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