Is the marriage considered religiously valid if all pillars and conditions are met except for the verbal pronouncement of offer and acceptance between the guardian and the husband, and they sufficed with a gesture or implicit consent, knowing that intimacy occurred between the spouses? And if it is not valid, is it sufficient to re-pronounce the offer and acceptance in the presence of two witnesses (such as the wife's paternal uncle and her sister's husband) without the need for a new contract or dowry?
For a marriage to be valid, its pillars must be present: the woman's guardian (wali) or his representative, two just witnesses, and a formula indicating the contract. So, if the father and the husband pronounce the formula of offer and acceptance (e.g., "I give you my daughter in marriage," "I accept"), the marriage is valid. However, if they only agree without uttering the formula, the marriage is invalid according to the majority of scholars, and it must be redone. The accepted formula of offer and acceptance varies among the schools of thought: the Shafi'is and Hanbalis require the words "zawwajtu" (I give in marriage) or "ankahtu" (I marry) and their derivatives, while the Malikis and Hanafis permit any wording that indicates perpetuity along with the mention of the dowry. In case of an invalid marriage, the contract must be immediately redone with the formula of offer and acceptance in the presence of two witnesses, bearing in mind that the dowry is not among the pillars, and the intimacy that occurred is not sinful due to ignorance of the ruling.
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