Does Saying “In Sha’ Allah” During Nikah Affect Its Validity?

Answered by Mawlana Ilyas Patel

Question

During the Nikah, the bridegroom responded to the Imam’s statement of acceptance with “Accepted, In sha’ Allah.” He later clarified that he said “In sha’ Allah” out of confusion and had no intention to make the acceptance conditional.

In light of Hanafi fiqh, does the addition of “In sha’ Allah” impact the validity of the Nikah?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

Generally, at the time of the marriage contract (nikah), saying “In sha’ Allah” while agreeing and accepting will not constitute a Shari‘a marriage because “In sha’ Allah” refers to the will of Allah, and no one knows the will of Allah except Him, the Most High. Therefore, the marriage will not take place. However, in your case, you had no intention; it was just a habitual utterance. As you mentioned, your nikah will remain intact. [Ibn ’Abidin, Radd al-Muhtar]

Offer and Acceptance

As Shaykh Faraz explained the fiqh of offer and marriage in a marriage contract, jurists say the offer and acceptance must be clear and definite. Although there is a lot of leeway regarding this in the Hanafi school, a lot of things that people say may not be according to the Sunna. One should be wary of conducting a marriage in a manner that would be differed upon according to the majority of Islamic scholarship. If you ascribe an offer to the future: “Will you marry me?” This is a proposal, not an offer. Furthermore, agreeing to marry is an engagement, and any words that convey such a meaning should be avoided when making the offer and acceptance. Read the details in the link below.

If someone did get married that way, anything that would ultimately be understood to have been a marriage (mainly where people came together for marriage) took place. It is not ideal, but certainly, in the Hanafi school, it counts as a marriage.

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

Related: The Elements of Meaningful Marriage Contracts 

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.