Back to search
The question

Is what is known in Tunisia as "Al-Malak" – which is an gathering of male relatives and kin to recite verses and hadiths, and for the father of the girl and the young man to pronounce the formula of proposal and acceptance without specifying two witnesses or declaring the value of the dowry, followed by the recitation of Al-Fatiha – considered a legally valid marriage contract, knowing that the bride was in agreement but not present?

Share this answer

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

Marriage has pillars and conditions; if these are met, it is valid. If what occurs is the formula of offer and acceptance between the wife's guardian (or his agent) and the husband (or his agent), in the presence of witnesses, then it is a legitimate contract by which the woman becomes the wife of this man. It is not a condition to specify two particular individuals as witnesses, and the non-specification of the dowry does not affect the validity of the contract (though it is preferable to specify it), nor is the woman's presence at the contracting session a condition.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
131697
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy