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The question

What are the errors that invalidate the legitimate marriage contract (ʻaqd sharʻī li-n-nikāḥ), and must the legitimate contract be on one day and the civil contract on another?

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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 becomes null and void if it loses one of its conditions or pillars, such as the absence of offer and acceptance, or witnessing, or the guardian, or if the woman is still in the waiting period (iddah) from another husband, or if she is forbidden to the man, or if it is a temporary (mut'ah) marriage, or a shighar marriage (exchange marriage), or a tahlil marriage (marrying to make a divorced woman lawful for her previous husband). The validity of the marriage is based solely on the Sharia contract, and the civil contract is merely a documentation of it. It is not required for it to be on a different day. Presenting the civil contract before the Sharia contract is an error, but it does not affect the validity of the Sharia contract if the latter is performed afterward.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
140416
Imported
Translation status
Source text, unreviewed
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