Back to search

What is the ruling on marriage in this matter, and is the contract considered valid and enforceable, despite the customary contract being torn up after being signed by the husband, the objection of the wife's son whose approval the husband stipulated, and the husband not having consummated the marriage after one year has passed since the incident?

1 min readAlso available in العربية

Marriage has conditions and pillars without which it is not valid, including offer and acceptance, the guardian's permission, and the presence of witnesses. If the contract has fulfilled these conditions, it is valid. However, if there was no offer and acceptance, but merely a signature, then the marriage is void, and the contract must be renewed if the couple wishes to continue the marital relationship. Documenting or tearing up the contract does not affect the validity of the marriage. The husband's statement, "Consider the matter closed, for I will not continue," is an implied divorce (kinayah), and divorce does not occur by it unless there is intention.

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

Read the full answer on Ftawy