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The question

What is the ruling on a marriage that was concluded solely by an administrative contract, without mentioning a dowry or uttering the صيغة الإيجاب والقبول (formula of offer and acceptance), after which the husband consummated the marriage with his wife, and then, after a period, a "legitimate marriage" took place attended by the wife's guardian, two witnesses, and the husband's father without a proxy from him?

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

The majority of scholars hold that a marriage contract made only in writing, without verbal affirmation, is invalid. However, some scholars deem it valid.

Thus, the first contract, which was only written, is not valid according to the majority of scholars. As for the contract performed by the father without direct authorization from the daughter, yet with her consent, there is a difference of opinion regarding its validity.

If the daughter authorized her father with any expression that indicates permission, then the contract is valid. Otherwise, it is safer to renew the contract. Any pregnancy resulting from the first contract is attributed to the husband in all cases, as long as the wife believed the marriage to be valid.

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Ftawy
Original fatwa ID
128242
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