Is it required in the Nikaah that an act known as "doing the Qabul" (as many individuals call it), in which the Qadhee holds the hand of the bridegroom and the bride's father and says "Qabul" (accepted)? The people who proclaim this say that if this is not done the Nikaah has not been fulfilled. Do any of the noble brothers know of this?
Aslam
Aslam ibn Aftabuddin as-Saylaanee
Aslam ibn Aftabuddin as-Saylaanee
The "qabool" (acceptance) and the offer may be expressed in any language and in any wording (or even gesture) that makes it clearly understood to the witnesses that the man and the woman (through her walee) have become married. There is no specific word or phrase necessary for this, and Allaah knows best.
As for what some of the 'ulamaa' used to say (like Ash-Shaafi'ee and others), that words derived from the roots of one of the phrases: "inkaah" or "tazweej" must be mentioned or the marriage is not valid, then Shaykh Al-Islaam Ibn Taymiyyah declared this to be a weak statement in his Fataawaa (32/16-18), and from these words of his is a statement related to your question, may Allaah increase you in goodness:
quote:
وَمَعْلُومٌ أَنَّ اجْتِمَاعَ النَّاسِ وَتَقْدِيمَ الْخُطْبَةِ وَذِكْرَ الْمَهْرِ وَالْمُفَاوَضَةَ فِيهِ وَالتَّحَدُّثَ بِأَمْرِ النِّكَاحِ قَاطِعٌ فِي إِرَادَةِ النِّكَاحِ. وَأَمَّا التَّعَبُّدُ فَيَحْتَاجُ إِلَى دَلِيلٍ شَرْعِيٍّ. ثُمَّ الْعَقْدُ جِنْسٌ لاَ يُشْرَعُ فِيهِ التَّعَبُّدُ بِالأَلْفَاطِ، لأَنَّهَا لاَ يَشْتَرِطُ فِيهَا الإِيمَانُ، بَلْ تَصِحُّ مِنَ الْكُفَّارِ، وَمَا يَصِحُّ مِنَ الكَافِرِ لاَ تَعَبَّدَ فِيهِ، وَاللَّهُ أَعْلَمُ.
"...And it is known that the gathering of the people, the giving of a khutbah, the mention of the dowry, the negotiation, and the people talking about the marriage is something decisive, showing that marriage is intended (by the parties involved). And as for ta'ab-bud (it being restricted to certain phrases as an act of worship), then this (is a claim that) requires Sharee'ah evidence. Also, contracts in general do not require ta'ab-bud with certain phrases, since eemaan is not a condition for their validity as they (contracts) are valid even from the non-Muslims, and whatever is valid from the non-Muslim, then there can be no ta'ab-bud in it, and Allaah knows best."
To require someone to say "qabul" or any other specific word(s), then this is from what Shaykh Al-Islaam was referring to when he mentioned ta'ab-bud with certain phrases, and Allaah knows best.
Moosaa Richardson
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سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
This message was edited by Moosaa on 9-14-03 @ 12:41 AM
Aslam ibn Aftabuddin as-Saylaanee