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What is the ruling on a marriage contract concluded between two parties, one Saudi and the other Egyptian, in which offer, acceptance, and public announcement (ishhar) took place, but it was not officially documented by the competent authorities? Does the condition of annulment in the contract after two years due to the failure to provide housing affect the validity of the contract? Is the husband obligated to pay the deferred dowry (mu’akhar al-sadaq) in the event the period expires or the contract is annulled without consummating the marriage with the wife, knowing that copies of the contract are in the possession of the wife’s father?

1 min readAlso available in العربية

The answer requires attention to several points:

1. The quorum for witnessing a marriage has not been met, because the guardian’s testimony is not accepted by the majority of scholars, which renders the marriage invalid according to them. This is in contrast to the Maliki school, which requires the guardian's testimony upon consummation.

2. The father's condition that the marriage be annulled if a freehold apartment is not provided is considered a marriage with an option (Nikah al-Khiyar) according to the Maliki school, which is void and can be dissolved before consummation or perpetually.

3. Regarding the dower (mahr), as long as no sexual intercourse has occurred, you are not obligated to pay anything from it, even if there was a valid private seclusion (khalwa shar'iyya) with the wife.

4. You are not obligated to provide the wedding jewelry (shabka), whether it was part of the dower or customary, because you are not obligated to pay the dower.

5. If it is decided that the marriage is to be annulled due to a defect in its contract, you are not obligated to provide the freehold apartment or anything else. You are also entitled to reclaim whatever the wife's father took in exchange for the dower, the wedding jewelry, and the apartment.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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