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The question

Is what happened between the prospective groom and his fiancée, after the bride's father said, "Consider her your wife," and in the presence of both of them and their families, considered a valid marriage, a doubtful marriage, or fornication? And does the prophetic hadith apply to it: "There are three matters, serious when taken seriously and serious when taken in jest: marriage, divorce, and رجعة (returning to the marital union after a revocable divorce)"?

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

Marriage is contracted by offer and acceptance in the presence of two Muslim witnesses. Offer and acceptance may be uttered during an engagement without the intention of a contract. In such a case, reference is made to custom. If it is customary for this to be merely a promise, then no marriage contract is formed. What is customary in the questioner's country is that this phrase ("consider her your wife") does not signify a marriage contract but rather an affirmation of acceptance, and the contract (marriage solemnization) takes place later. A man's cohabitation with a woman before the contract or before the customary consummation after the contract is a grave evil. Even if the husband believes the contract to be valid, it is a شبهة (dubious) marriage, and paternity is established for any child born from it, because "the child belongs to the bed."

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
5007
Imported
Translation status
Source text, unreviewed
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