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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Reciting al-Fatihah in the Marriage Contract

Machine translationRead the Arabic original
Question:
Some people have what is called reciting al-Fatihah. Does reciting al-Fatihah legalize or forbid seclusion and going out with the fiancée, going down to the markets, and the like?

Answer:
Reciting al-Fatihah in the contract has no basis; it has no basis. Al-Fatihah is not recited in the contract or on this occasion; rather, this is one of the customs of the common people.
The contract is the offer and the acceptance. The woman's guardian says, "I give you in marriage so-and-so," and the groom says, "I have accepted this marriage and I am responsible for it." The offer comes from the woman's guardian or his agent, and the acceptance comes from the groom or the groom's agent. This is the contract. Yes. Yes. Without reciting al-Fatihah. Al-Fatihah is not prescribed to be recited on this occasion.
Yes, it is prescribed to recite the sermon of Ibn Mas'ud. Reciting the sermon of Ibn Mas'ud before the offer and acceptance. It is: "Praise be to Allah; we praise Him, seek His help, seek His forgiveness, and repent to Him. We seek refuge in Allah from the evil of our souls and the badness of our deeds. May Allah guide him
and whomsoever Allah leaves astray, no one can guide. I bear witness that there is none worthy of worship except Allah, and I bear witness that Muhammad is His slave and Messenger.) Then he recited the following threeفلا مضل له، ومن يضلل فلا هادي له، وأشهد أن لا إله إلا الله، وأشهد أن محمدا عبده ورسوله، ثم يقرأ ثلاث
Sunan an-Nasa'i 1404
the verses, which are the saying of Allah the Exalted: In the name of Allah, the Most Gracious, the Most Merciful
O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him].يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقَاتِهِ وَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ
[Ali 'Imran 3:102]
O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many menيَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا
[An-Nisa 4:1]
, and women
And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, overوَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ
[An-Nisa 4:1]
a watcher. O you who believe, fear Allah and speak a just word. He will rectify your deeds and forgive you your sins. Whoever obeys Allah and His Messenger has attained a great success. This is what deserves to be recited before the contract. As for al-Fatihah, there is no basis for reciting it in this case. And Allah knows best. May Allah reward you with good and do you good.
Source قناة «العلامة الدكتور صالح الفوزان»، بعض الناس لديهم ما يسمى بقراءة الفاتحة هل قراءة الفاتحة تحلل أو تحرم أو تبيح الخلوة والخروج مع...؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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