What are the conditions for the validity of a marriage contract, and is it necessary for the officiant to be a legally authorized marriage official, or is it permissible for it to be the bride's father or any other person? What is the legally prescribed wording for the contract? What is required to renew the contract for a daughter who was previously married and it was discovered that a pillar for the contract's validity was missing? Is a new mahr (dowry) and a new deferred mahr required, or is mutual consent between the parties sufficient to correct the contract?
Marriage has pillars and conditions. Its validity does not depend on the presence of an authorized marriage officiant (ma'dhun) or a judge. Rather, the default is for the guardian and the husband to directly conduct it. It is permissible to appoint an agent to act on behalf of the guardian, and it is recommended to appoint a virtuous person in hope of their blessings. If one of the pillars of marriage is absent, it must be renewed. The guardian may directly do so or appoint someone to act on their behalf. The formula is for the guardian to say: "I marry my daughter to you," specifying her, and the husband responds with acceptance. When renewing the contract, it is not necessary to mention a new dower (mahr) or to pay it. Instead, it is sufficient to rely on the previous dower, as the dower is not a pillar of marriage. It is permissible to agree on dividing it into an upfront payment and a deferred payment.
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- Ftawy
- Original fatwa ID
- 117280
- Imported
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- Source text, unreviewed
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