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The question

Is a legitimate marriage concluded by signing papers with the officiant and informing relatives and neighbors without uttering the marriage formula?

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

Marriage has its own pillars, including the صيغة (formula) of offer and acceptance. Marriage is not contracted through writing, according to the majority of jurists (Malikis, Shafi'is, Hanbalis); rather, the formula must be uttered verbally.

The Malikis annul a marriage contracted through writing altogether. However, the Hanafis believe that marriage can be contracted through writing, just like other contracts.

Accordingly, a marriage that was concluded merely by informing neighbors and relatives is void. For the marriage to be valid, the contract must be renewed in the correct legal manner.

One must not be lenient with religious rulings, especially concerning sexual relations. An ignorant person must ask those who have knowledge before undertaking any action, for Allah Almighty says: "So ask the people of the message if you do not know" (An-Nahl: 43).

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Ftawy
Original fatwa ID
145229
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