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Is what transpired, in the presence of 50 men, between the bride's father and the groom, concerning offer and acceptance, considered a valid marriage contract according to the Hanafi school of thought, and does it entail the same rights for the betrothed as a documented marriage contract?

1 min readAlso available in العربية

The jurists differed on the validity of marriage contracted with the words of ownership (tamleek), gift (hiba), and similar terms. The Shafi'is and Hanbalis prohibited it, while the Hanafis permitted it. As for the Malikis, they have two opinions, the soundest of which regarding a gift is that it is not valid unless it is accompanied by a dowry (sadaq). Accordingly, according to those who permit the marriage contract with the صيغة (formula/expression) of gift and bestowal, this marriage is considered valid as long as it fulfills the conditions of validity.

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

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