Which is the correct marriage contract: the notary contract or the mosque contract? And what is the ruling on the actions of the suitor, such as phone calls and travel with his fiancée before the marriage is completed in the mosque?
Marriage has pillars: the presence of the woman's guardian (wali) or his agent, along with two just witnesses, a dowry (mahr), and a formula indicating the contract. If the first contract fulfilled these conditions, it is valid and there is no need to repeat it. If one of the two contracts was with the guardian's presence and the other without, then the one attended by the guardian is valid according to the majority of scholars. If both contracts were concluded without a guardian, they are invalid according to the majority of scholars, but valid according to Abu Hanifa. In such a case, the woman is considered a stranger until the contract is renewed with a guardian, unless a Shariah judge rules it valid or the one marrying is a follower of Abu Hanifa's school of thought.
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