Islamic Family Law

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IJAB AND QABUL

Hadith:

“Fear Allah concerning woman! Verily you have taken them on the security of Allah and intercourse with them has been made lawful to you by words of Allah”.

A marriage can only be validated if there is utterance of ijab and qabul.

  • Example: the wali said that ‘saya kahwinkan awak…’ atau ‘…nikahkan awak dengan anak perempuan saya’ and the husband says ‘saya mengahwininya’ or ‘saya menikahinya’ or ‘saya terima nikahnya’.

Is it not a condition for the equation of words between wali and husband.

  • Example: the wali says ‘saya kahwinkan awak…’ and the husband says ‘saya terima nihahnya…’

The marriage is void unless the words used is come from the words ‘tazwij’ or ‘nikah’. If the wali or the husband used the words other than tazwij or inkah such as ‘penghalalan’ (lawful) or ‘pengharusan’ (permitted), the marriage is void. 

It is based on hadith reported by Muslim: “fear Allah concerning woman! Verily you have taken them on the security of Allah and intercourse with them has been made lawful to you by words of Allah”.

The words of Allah here mean al-tazwij or al-inkah. There are no other words used in the Quran except these two. The utterance of the words al-tazwij or al-nikah also can be made in any other language which carries the same meaning.

Conditions of Ijab and Qabul

  1. Be stated in clear & well-defined word; a marriage can only be validated if there is utterance of ijab and qabul.
  2. In one and the same sitting (majlis); majlis has been described as an expression of Ijab and Qabul made in one time and space. Hence when A makes an offer to B and when B leaves the ‘Majlis’ or ignores the offer or turns his attention to something else, this means the offer lapses.
  3. Must be in the presence of the witnesses.
  4. The offer and acceptance must coincide in content.
  5. For example, if the wali says, “I give you so-and-so in marriage for a mahr of one-thousand” and the bridegroom responds by saying, “I accept marying so-and-so for a mahr of eight hundred”, the contract becomes immediately invalid.
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