Can a civil contract replace the Sharia contract in marriage, especially if the civil contract includes the essential elements of a Sharia marriage, with the deferral of the determination of the dowry and consummation with the wife to a later time?
The question included two topics: Does a civil contract replace a -compliant one? And is the contract valid without mentioning the Mahr (dowry)?
A civil contract is permissible if it fulfills the Sharia conditions of a guardian (wali), witnesses, and formula (sigha). Marriage is valid without naming a Mahr, based on the Almighty's saying: "There is no blame upon you if you divorce women before you have touched them or specified for them a obligatory provision" (Al-Baqarah:236). In this case, the woman is entitled to a Mahr al-Mithl (dowry of similar women) upon consummation, and this is called Tafweedh marriage. It is not permissible to agree to waive the Mahr before it has been stipulated.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 76352
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy