Is it a condition for the validity of the marriage contract to pronounce the formula of offer and acceptance, or is the contract valid by the agreement of the parties and the presence of the other pillars and conditions without explicitly pronouncing them?
The preponderant opinion among scholars is the necessity of uttering the صيغة (formula) of offer and acceptance in the marriage contract, to remove doubt and preclude uncertainty. However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him differed, holding that marriage is concluded by whatever people consider to be marriage, in any language, wording, or action, if the circumstances indicate it. According to the preponderant opinion, a contract in which the صيغة is not uttered is invalid and must be renewed. As for the other opinion, a contract in which the صيغة is absent is valid if it is concluded by what is customarily indicative of it through signs and circumstantial evidence. Despite the preference for the first opinion, the other opinion holds considerable weight.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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