Is what is known in Tunisia as "Al-Malak" – which is an gathering of male relatives and kin to recite verses and hadiths, and for the father of the girl and the young man to pronounce the formula of proposal and acceptance without specifying two witnesses or declaring the value of the dowry, followed by the recitation of Al-Fatiha – considered a legally valid marriage contract, knowing that the bride was in agreement but not present?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Marriage has pillars and conditions; if these are met, it is valid. If what occurs is the formula of offer and acceptance between the wife's guardian (or his agent) and the husband (or his agent), in the presence of witnesses, then it is a legitimate contract by which the woman becomes the wife of this man. It is not a condition to specify two particular individuals as witnesses, and the non-specification of the dowry does not affect the validity of the contract (though it is preferable to specify it), nor is the woman's presence at the contracting session a condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131697
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- Ftawy
- Original fatwa ID
- 131697
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy