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The question

Is what happened considered a marriage, and is divorce required after retraction from it, knowing that no dowry was received and that the Maliki school of thought does not stipulate the requirement of witnesses for the contract?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The testimony of women is not accepted in marriage contracts. Rather, the presence of two just men is required for the contract. This contract is invalid according to the majority of scholars, because witnessing is a pillar of the marriage contract. However, according to the Malikis, the contract is valid if it was witnessed before consummation, but it becomes invalid due to the uncertainty of the dowry. Thus, it should be annulled before consummation and validated after it with a dowry equivalent to that given in similar cases. Consequently, the marriage is invalid by the consensus of the four madhhabs, and the husband must pronounce a divorce or the marriage must be annulled. If he refuses, the judge shall annul the marriage.

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Ftawy
Original fatwa ID
105743
Imported
Translation status
Source text, unreviewed
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