Answered by Shaykh Irshaad Sedick

Question

In the Shafi‘i School, does saying “In sha Allah” after accepting a marriage (nikah) contract impact its validity? The bridegroom unintentionally used the phrase, saying “Accepted, In sha Allah,” without intending to condition his acceptance. Does this affect the contract?

Answer

In the Name of Allah, Most Merciful and Compassionate.

In the Shafi‘i School, for a marriage contract (nikah) to be valid, the offer (ijab) and acceptance (qabul) must be clear, explicit, and free from conditions (ta‘liq). The introduction of conditional phrases like “In sha Allah” can complicate the contract’s validity depending on the intent behind the words. [Biqa‘i, Fayd Ilahi al-Malik]

Intent Matters in Conditions

If the bridegroom’s use of “In sha Allah” was habitual or unintentional, and he did not intend to condition his acceptance upon Allah’s will, then the contract remains valid. Intentionality is a key factor in Islamic jurisprudence. When the speaker does not intend to impose a condition, the statement is treated as an expression of reliance on Allah rather than a true condition.

This is consistent with the legal principle derived from the Quranic verse: “He knows what is in your hearts, so be mindful of Him, and seek His forgiveness. Indeed, Allah is All-Forgiving, Most Merciful” [Quran, 33:70].

Analogy to Sale Contracts

The Shafi‘i texts discuss conditions in sale contracts, where introducing conditional phrases with intent invalidates the transaction. However, habitual or unintended phrases are not treated as legally binding conditions. This principle is also applicable to marriage contracts.

Conclusion

In the case described, the marriage contract remains valid because the bridegroom did not intend to suspend his acceptance on Allah’s will. The phrase “In sha Allah” was used out of habit and does not affect the clarity of his acceptance. Thus, the validity of the marriage is unaffected.

May Allah grant you clarity and bless your union.

And Allah knows best.