Does marriage result from a proposal of marriage followed by simple acceptance?
General Chapter
Al-Mughni
Book of Marriage
Primary text
When a man says to a woman, 'I have married you to my daughter' (implying offer), and she responds, 'I accept' (qabiltu), the marriage contract (nikah) is established. This is supported by the majority opinion, as the acceptance is explicit in the response and serves as a valid reply, establishing the contract just as it does in sale and other agreements. The assertion that such ambiguous wording requires specific intention (niyyah) is invalid, as the response refers precisely to what was mentioned.
Supporting text
Al-Shafi'i, in one of his two opinions, holds that the marriage is not established unless the woman states, 'I accept this marriage' or 'I accept this contracting of marriage.' This is because he considers the statement a metaphorical expression (kinayah) for marriage, which necessitates specific intention and does not take effect without it, similar to the wording used for a gift or a sale.