Is reciting al-Fatihah considered a formal marriage contract, and what is the ruling on the mahr if each of the spouses goes their separate way?
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Question:
I proposed to a man's daughter for my son. We agreed to pay the mahr and we paid it. After a while, I went back and we recited al-Fatihah, but we did not write the marriage contract. When the mahr was paid and al-Fatihah was recited, there were no witnesses, neither from my side nor from his, and no shaykh who is a jurist in Islam was present to recite al-Fatihah for us and tell us the formula of marriage, which is the acceptance and the proposal from both parties. It is known that this proposal, recitation of al-Fatihah, and payment of the mahr took place between me and him, my wife, and his wife only, and no one else. After a while, we disagreed, and each one went his own way. Does reciting al-Fatihah count as a formal marriage contract? Then what is the ruling of the Shari'ah regarding the mahr? Does the bride get half of it? And does it go back to the groom entirely? May Allah reward you with good.
Answer:
First, reciting al-Fatihah has no connection to the marriage contract? Al-Fatihah is recited in it, but what the marriage contract requires is the offer and the acceptance. The offer is the statement made by the woman's wali (guardian), and the acceptance is the statement made by the husband or his agent. The acceptance is the statement made by the husband or by the husband's legal agent. So the wali or his agent says, "I give you in marriage so-and-so," and the husband or his agent says, "I accept this marriage" or "this nikah." It also requires that this be done in the presence of two just witnesses, because of what came in the hadithSunan al-Bayhaqi 10:1088 It also requires the consent of both parties, the complete consent of both the husband and the wife to each other, without any coercion. This is what the marriage contract requires: first, the wali; second, the witnesses; third, the consent of both parties.
The offer and the acceptance, as we mentioned. What the questioner mentioned about them uttering the contract without the presence of witnesses, this is a contract that is questionable, and there is disagreement among the scholars. It is obligatory to refer to the Shari'ah judge in your area to resolve this problem, so that he can look into it and its circumstances. So you should refer to the Shari'ah judge in your area to look into this matter and look into this contract. Either he will renew it, or he will rule on it according to what appears to him from the Shari'ah. Yes. May Allah reward you with good, and may He do you good.
I proposed to a man's daughter for my son. We agreed to pay the mahr and we paid it. After a while, I went back and we recited al-Fatihah, but we did not write the marriage contract. When the mahr was paid and al-Fatihah was recited, there were no witnesses, neither from my side nor from his, and no shaykh who is a jurist in Islam was present to recite al-Fatihah for us and tell us the formula of marriage, which is the acceptance and the proposal from both parties. It is known that this proposal, recitation of al-Fatihah, and payment of the mahr took place between me and him, my wife, and his wife only, and no one else. After a while, we disagreed, and each one went his own way. Does reciting al-Fatihah count as a formal marriage contract? Then what is the ruling of the Shari'ah regarding the mahr? Does the bride get half of it? And does it go back to the groom entirely? May Allah reward you with good.
Answer:
First, reciting al-Fatihah has no connection to the marriage contract? Al-Fatihah is recited in it, but what the marriage contract requires is the offer and the acceptance. The offer is the statement made by the woman's wali (guardian), and the acceptance is the statement made by the husband or his agent. The acceptance is the statement made by the husband or by the husband's legal agent. So the wali or his agent says, "I give you in marriage so-and-so," and the husband or his agent says, "I accept this marriage" or "this nikah." It also requires that this be done in the presence of two just witnesses, because of what came in the hadith
There is no marriage except with a guardian and two just witnesses,
لا نكاح إلا بولي وشاهدي عدل،The offer and the acceptance, as we mentioned. What the questioner mentioned about them uttering the contract without the presence of witnesses, this is a contract that is questionable, and there is disagreement among the scholars. It is obligatory to refer to the Shari'ah judge in your area to resolve this problem, so that he can look into it and its circumstances. So you should refer to the Shari'ah judge in your area to look into this matter and look into this contract. Either he will renew it, or he will rule on it according to what appears to him from the Shari'ah. Yes. May Allah reward you with good, and may He do you good.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل قراءة الفاتحة تعتبر عقد زواج رسمي وما حكم المهر إذا ذهب كل من العروسين في حال سبيله؟الشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
