Is having sexual relations with a woman, with whom a marriage has been verbally agreed upon in the presence of two witnesses, and before the official registration of the contract, considered adultery?
The majority of jurists do not permit a woman to marry herself off; if she does, the marriage is invalid. This is in contrast to the Hanafis, who allow it. The view of the majority is what is practiced by us. According to the Hanafis, marriage is concluded with two past tense expressions, or one past tense and one future tense expression. For instance, if the man says to the woman: "Will I marry you for a thousand dirhams?", and she replies: "I have married you for that"; or if he says to her: "Marry yourself to me", and she replies: "I have married you"; this would apply to the mentioned صيغة (formula). This marriage is considered a شبهة (dubious) marriage, in which case the child is attributed to the husband, and separation occurs through annulment or divorce. If they wish to continue the marital relationship, the contract must be renewed with the permission of the woman's guardian.
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