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The question

Is the aforementioned marriage contract Islamically valid, taking into account the presence of the wife's brother and the Ma'dhun as two witnesses (knowing that the brother's name was not mentioned as a witness), and the Ma'dhun not explicitly asking the wife's father and the husband for acceptance (ijab) and consent (qabul), given that the wife is pregnant and the circumstances mentioned?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Witnessing the contract is a condition for marriage (nikah), and this means hearing the offer (ijab) and acceptance (qabul). If the witness is deaf and testifies to what is written, his testimony is valid if he has acquired the knowledge. Some scholars have held that the announcement and publicizing of the marriage (nikah) suffices in place of specific witnessing. The presence of the marriage officiant (ma'dhun) and the wife's brother is sufficient for witnessing. No one from the wife's ascendants, descendants, or brothers is prevented from witnessing. If the contract was concluded without the formula of offer and acceptance, it is not valid and must be renewed in the presence of the guardian (wali) or his agent, and the husband or his agent, and two just witnesses. This is done with the formula of offer and acceptance without changing the official documents.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
5532
Imported
Translation status
Source text, unreviewed
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