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The question

Is the presence of only the bride's guardian, the ma'dhun, and two witnesses at the marriage contract considered a public declaration of the marriage?

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

A marriage contract is valid with a guardian, even if he does not openly declare it, because it is a contract of exchange, so its declaration is not a condition, just like a sale. The narrations regarding declaration are to be understood as recommending it, as evidenced by the command to beat the drum and make noise during it, which is not obligatory. Ahmad's prohibition is due to dislike (karaha), not prohibition (tahrim). The declaration of marriage and the beating of the drum usually occur after the contract, and if it were a condition, it would have been considered at the time of the contract.

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Where this answer came from
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Ftawy
Original fatwa ID
102722
Imported
Translation status
Source text, unreviewed
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