Is a marriage conducted in the municipality in the presence of the father, witnesses, and the groom, with the signing and consent of each of them, valid Islamically, and does it fulfill the requirements of offer and acceptance, even though the dowry has not yet been paid?
If the marriage contract is concluded only by writing and signing, without uttering the offer (ījāb) and acceptance (qabūl), then the contract is invalid according to the majority of scholars. The Fatāwā al-Hindiyyah explicitly states that marriage cannot be contracted by writing between those present. Sheikh al-Dardir al-Maliki pointed out that gestures and writing are not sufficient except in cases of necessity (such as muteness). Al-Haytami al-Shafi'i said that marriage is not contracted by writing, whether in absence or presence, because it is an allusive expression (kināyah). Al-Mardawi al-Hanbali mentioned that the correct view of the is that marriage is only contracted by offer and acceptance using verbal expressions. However, Sheikh Taqi al-Din held the view that marriage is contracted by whatever people consider to be marriage, in any language, word, or action. As for mentioning or handing over the dowry (mahr), it is not a condition for the validity of the marriage.
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