What is the ruling on a marriage contract [katb al-kitāb] performed by a shaykh outside the court in Syria, knowing that this procedure is considered the beginning of the engagement period and permits the man to touch the girl and see her without a hijab, and the contract is annulled if there is no agreement, and this has led to the loss of rights for many, and it has been forbidden by the Grand Mufti and the law?
If the Islamic marriage contract fulfills its conditions and pillars, it is valid and permissible for the spouses, whether it is conducted in court, a mosque, or by an authorized officiant, and the wife's legal rights are established. If she is divorced before consummation or seclusion, she is entitled to half of the stipulated mahr, and it is commendable to forgo this half. If no mahr was stipulated for her, she is entitled to mut'ah (a compensatory gift). If she is divorced after consummation or seclusion, she is entitled to her full mahr, as well as maintenance and housing during her iddah (waiting period). The absence of official documentation of the contract in court does not invalidate its legitimacy or make it forbidden if it fulfills its conditions. However, if a Muslim ruler mandates documentation to preserve rights, then obedience to him in this regard becomes obligatory.
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