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Is it valid to marry by reciting the Fatiha in the presence of a sheikh and two witnesses only, without official documentation, with the intention of postponing the registration of the marriage and the تحديد (determination) of the dowry to a later stage, and do the spouses have the right to separate later, knowing that there will be no full physical relationship before documentation?

1 min readAlso available in العربية

If the conditions for marriage are met—a guardian and two witnesses—the contract is permissible, and there is no harm in delaying its registration for an excuse or benefit. Separation in this case occurs through divorce. However, without a guardian, marriage is not permissible and is invalid, as the guardian is a condition for the validity of the marriage, and this is the preponderant opinion of the majority of scholars. If such a marriage occurs, it must be annulled, and separation in this case is either by divorce or annulment. If the husband divorces his wife in such a marriage, it counts as one divorce. Naming the dower is not a condition for the validity of the marriage, but it is recommended.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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