What is the ruling of Sharia on conducting a marriage contract for a Muslim young man with a girl who claimed to embrace Islam, given the existence of legal obstacles that prevent the documentation of the marriage, which may affect the lineage of the children and the rights of the spouses? And what is the legitimate formula for offer and acceptance, and is it permissible in any language? Is it required to write the contract, and what is the waiting period (istibra’) for the woman?
It is permissible to conduct the marriage contract in the presence of the woman's guardian and two just witnesses. If she does not have a Muslim guardian, her marriage is handled by the one we mentioned in no. 63634. The formula for the offer (ijab) and acceptance (qabul) is for the guardian to say, "I give you my ward in marriage," and for the husband to say, "I accept." The preponderant opinion is that the contract is valid in a language other than Arabic, even for those who are proficient in Arabic. Writing the contract is not a condition, but it is preferable to preserve rights, and it is not required to be in Arabic. If the woman has committed fornication, it is not permissible to marry her until she repents and purifies herself with one menstrual cycle. If the law attributes the child to the mother, then one should delay marriage unless there is a strong overriding benefit. It is possible to delay procreation to obtain what allows the child to be attributed to the father, and it is preferable to travel to a Muslim country for residence.
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