Is the contemporary documentation of marriage and divorce contracts considered an innovation (bid‘ah) or a violation of Sharia, especially since marriage is not recognized unless documented, while divorce is not documented?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Marriage and divorce are valid Islamically even if not documented, provided the conditions for validity are met and there are no impediments. Documentation is not an innovation; rather, it is a matter of maslahah mursalah (unrestricted public interest) that preserves the rights of spouses and children, especially in this era where marriage is not recognized unless documented in many parts of the world. This affects inheritance, the lineage of children, travel, and other interests. The righteous predecessors acted upon maslahah mursalah.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/52294
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- 52294
- Imported
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