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?
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.
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- Original fatwa ID
- 140416
- Imported
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- Source text, unreviewed
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