Is unregistered marriage (zawaj 'urfi) forbidden or permissible?
Customary marriage is usually defined as a marriage not registered in court. If its pillars and conditions are met, and there are no impediments, then it is a valid marriage according to Islamic law. However, not documenting it in court leads to many corruptions related to the loss of rights and the establishment of lineage. The pillars of marriage are: the offer (ijab) and the acceptance (qabul), and its conditions are: the guardian (wali), two witnesses, and the dower (sadaq/mahr), based on the Prophet's (PBUH) saying: "There is no marriage except with a guardian and two just witnesses," and his (PBUH) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid," and Allah's (SWT) saying: "And give women their dowries with a good heart." We advise against customary marriage and emphasize the importance of a proper, documented marriage. The common scenario where a man meets a woman and says to her: "Marry me," and she says: "I marry you," and they write a paper to that effect, and he cohabits with her as a husband, is adultery and not marriage, due to the absence of a guardian and two witnesses.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/32719
- Source platform
- Ftawy
- Original fatwa ID
- 32719
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy