Is it obligatory to renew the marriage contract if the wife's guardian verbally approves after the marriage, and if it is difficult to find other witnesses, is marital intimacy considered unlawful, and must a second mahr be paid, especially with the possibility of the wife's pregnancy?
"It is not sufficient for the mother to be consulted, to give her consent, and for the father to be aware, without the guardian (wali) undertaking the contract, being present, or authorizing it. If the contract was concluded without a guardian, it is void and must be renewed in the presence of a guardian, witnesses, and a dowry. The unavailability of witnesses is not an excuse; authorization can be given for the contract to be concluded in a place where witnesses are available, or one can wait until they are present. If the woman becomes pregnant from this void marriage, the prescribed punishment (hadd) is averted from her, the child is attributed to the husband, and she is entitled to the dowry. They must cease cohabitation until the contract is renewed because, according to the majority of scholars, it is annulled."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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