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The question

Is the Sharia contract considered void if the guardian declares that his intention was not marriage, and does the contract become void if the husband sends personal pictures to his wife after agreeing to limit communication to phone calls?

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

The marriage formula is an essential pillar without which marriage is not valid. It refers to the offer and acceptance. The majority of scholars are of the view that the guardian's statement, "I give you my daughter," does not validate the marriage.

However, some jurists, such such as Ibn Taymiyyah, consider a marriage valid if it is in accordance with common practice. According to this view, the marriage is valid, and the guardian's statement that he did not intend to marry them off does not invalidate it.

If the marriage is valid, then the guardian's condition of limiting communication to phone calls only is void if he intends thereby to prevent the husband from what is lawfully permissible for him, but it does not affect the validity of the contract.

Given that there is disagreement and dispute regarding the validity of this marriage, a will not suffice. Instead, it is necessary to refer the matter to the court, as a judge's ruling resolves disputes in matters open to interpretation.

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Ftawy
Original fatwa ID
133565
Imported
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Source text, unreviewed
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