What is the ruling on a customary marriage contract?
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Question:
The questioner asks: What is the ruling on the customary contract practiced in some Islamic countries? Yes. What is the ruling on the contract, meaning the customary marriage contract practiced in some Islamic countries?
Answer:
The marriage contract has conditions. First, the guardian is required; the woman’s guardian is her closest male relative who handles the contract. Second, the presence of two witnesses who testify to the contract is required. Third, the consent of both spouses is required, so that each spouse is satisfied with the other. If these conditions are met, the contract is valid. If one of these conditions is missing, the contract is not valid. Yes. The questioner says: I am a surgeon, and young women come to me who...
The fourth condition is specifying the woman, specifying the woman to whom the contract is made. One must not say, “I contract you to so-and-so’s daughter”; one must say, “I contract you to So-and-so, the daughter of So-and-so.” If one says, “I contract you to so-and-so’s daughter or so-and-so’s sister,” that is not sufficient, because this is not specified. The woman to whom the contract is made must be specified, and the husband must also be specified. If these conditions are met, the contract is valid. Yes.
The questioner asks: What is the ruling on the customary contract practiced in some Islamic countries? Yes. What is the ruling on the contract, meaning the customary marriage contract practiced in some Islamic countries?
Answer:
The marriage contract has conditions. First, the guardian is required; the woman’s guardian is her closest male relative who handles the contract. Second, the presence of two witnesses who testify to the contract is required. Third, the consent of both spouses is required, so that each spouse is satisfied with the other. If these conditions are met, the contract is valid. If one of these conditions is missing, the contract is not valid. Yes. The questioner says: I am a surgeon, and young women come to me who...
The fourth condition is specifying the woman, specifying the woman to whom the contract is made. One must not say, “I contract you to so-and-so’s daughter”; one must say, “I contract you to So-and-so, the daughter of So-and-so.” If one says, “I contract you to so-and-so’s daughter or so-and-so’s sister,” that is not sufficient, because this is not specified. The woman to whom the contract is made must be specified, and the husband must also be specified. If these conditions are met, the contract is valid. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم عقد الزواج العرفي؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.