Is a marriage considered valid if it takes place between a young man and a young woman with the guardian's consent, but without an official contract, with two friends as witnesses, and the matter being publicized as much as possible, and the wife being referred to as "my wife" to her guardian who accepted that, relying on the hadith: "There are three things which, whether done in earnest or in jest, are to be taken seriously: marriage, divorce, and رجعة (return to marriage after a revocable divorce)"?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
This marriage is invalid according to the majority of scholars because it is without a guardian (wali). The suitor's statement to the girl's father, "She is my wife," and the father's silence or acceptance, do not constitute a formula of offer and acceptance for the contract. Even if we assume a contractual formula occurred, the contract is invalid if it was not witnessed by two witnesses.
Therefore, repentance is obligatory, and one must stay away from this girl until the marriage contract is properly concluded with her. The suitor is a stranger to his fiancée until the contract is finalized.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 116765
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