Is the announcement of the desire to conclude a legal contract and the approval of it by the guardian, along with the recitation of the Fatiha, without specifying the dowry, considered a legal contract?
For the marriage contract to be valid, the presence of the guardian (wali), witnesses, and the offer (ijab) and acceptance (qabul) are required. If the brother is the legal guardian, and he articulates the offer using the words "I marry" or "I give in marriage," and the husband articulates the acceptance in the presence of two Muslim witnesses, then the contract is valid, even if the dowry (mahr) is not mentioned. However, merely asking the brother, "Do you agree?" and his replying with "Yes" is not sufficient for the offer and acceptance. Similarly, reciting Al-Fatiha does not complete the contract and is not part of the .
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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