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Fatwa CenterDoes the validity of marriage depend on intention?
Question
Is intention considered a condition for the validity of a marriage contract?
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If you mean to ask whether the validity of a marriage contract requires both parties to intend it willingly without any form of coercion or joking, then here is the answer:
Unlike acts of worship, intention is not a condition for the validity of a marriage contract. Hence, if the marriage contract is concluded between the two parties concerned and they are legally responsible for their acts and under no form of coercion, then the marriage is valid even if one of them does not intend it or was joking. The Prophet, sallallaahu ‘alayhi wa sallam, said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back [one’s wife].” [Al-Haakim and At-Tirmithi]
Note that if intention had been considered a condition for the validity of a marriage, everyone would have been able to deny the validity of their marriage under the pretext that he did not intend it.
However, if either of the two parties accepted the marriage under coercion or if it was concluded against his/her will, then the contract is invalid because the acts of the person who is under coercion are not binding in such matters.
Allaah Knows best.
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