The issue revolves around marriage, specifically the marriage of tafwid, and it is well known that this marriage is a marriage contract without specifying the mahr.
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The first question of Fatwa No. ( 5129 )
Q1: The issue revolves around marriage, specifically the marriage of tafwid, and it is well known that this marriage is a marriage contract without specifying the mahr. Is the agreement between the wali (guardian) and the husband, who is the essential pillar of the marriage contract, sufficient without witnessing, or is witnessing necessary?
A1: The agreement between the woman's wali and the one who proposed to her to marry her is not sufficient for the marriage contract without witnessing, even if the offer and acceptance are completed between them. Rather, the presence of two just witnesses at the time of the contract is necessary; for what is narrated from the saying of the Prophet (peace and blessings be upon him):Sunan al-Bayhaqi 10:1088 , and because relying on the agreement between the woman's wali and the one who proposed to her without the testimony of two just witnesses is a means to zina. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: The issue revolves around marriage, specifically the marriage of tafwid, and it is well known that this marriage is a marriage contract without specifying the mahr. Is the agreement between the wali (guardian) and the husband, who is the essential pillar of the marriage contract, sufficient without witnessing, or is witnessing necessary?
A1: The agreement between the woman's wali and the one who proposed to her to marry her is not sufficient for the marriage contract without witnessing, even if the offer and acceptance are completed between them. Rather, the presence of two just witnesses at the time of the contract is necessary; for what is narrated from the saying of the Prophet (peace and blessings be upon him):
There is no marriage except with a guardian and two just witnesses.
لا نكاح إلا بولي وشاهدي عدل
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.