Q: I am a young man who proposed to a girl whose father died shortly before the date appointed for the conclusion of the marriage contract. Circumstances willed that I later joined the troops that would go for the liberation of
However, before traveling I visited my fiancée at her family's home in the presence of her mother, elder sister, and brother-in-law. I asked my fiancée a question, "Do you agree to marry me?" My intention was to marry her in the Shar`y (Islamic legal) way. I thus offered and she accepted. Her brother-in-law, mother, and elder sister witnessed this. Moreover, a teacher was sitting in the next room teaching my fiancée's nephew and I said to him, "Do you bear witness that so and so is my wife?" Thereupon he said, "Yes, I bear witness to this." (Part No. 18; Page No. 173) My question is whether the contract of my marriage was concluded by doing what I have mentioned above? Were all the Shar`y conditions of such a contract met i.e. Offer and acceptance and the existence of two just witnesses?
If the matter is exactly as what is mentioned in the question, your marriage is invalid because of the non-existence of the Waliy (a legally accountable person acting for a woman regarding marriage). The foregoing is supported by a Hadith which is narrated by
Abu Burdah ibn Abu Musa on the authority of his father who said that the Messenger of Allah (peace be upon him) said,
no marriage [is valid] without a Waliy.
Ahmad and the Four Compilers of Hadith 'Imams Abu Dawud, Al-Tirmidhy, Al-Nasa'y and Ibn Majah' and graded as Sahih 'authentic' by
Besides, it is narrated by
`Urwah on the authority of
`Aishah (may Allah be pleased with her) who said: The Messenger of Allah (peace be upon him) said,
Any woman who gets married without the permission of her Waliy, her marriage contract is null and void.
Al-Tirmidhy who commented: 'It is a Hadith Hasan 'good Hadith'.)
Ibn Kathir commented on the same Hadith: "It is ranked as Sahih 'authentic' by
Yahya ibn Ma`in and other Hadith scholars.
On the other hand, you said in your question, "circumstances willed," which is an inappropriate expression. You should rather say "Allah willed;" for circumstances do not have any will. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.