Concluding the contract by writing only
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Fatwa number ( 17979 )
Q: I am from the Arab Maghreb, a Muslim, and I married a woman from Egypt. Since I am considered a foreigner in Egypt, a Muslim lawyer in Egypt concludes the marriage contract for the foreigner. He can choose any lawyer he wants. The method of the marriage contract that was carried out was as follows: The lawyer wrote a marriage contract between us in accordance with the Sunnah of our Prophet (peace and blessings be upon him) and the school of Abu Hanifah, in the presence of (the husband, the father of the bride, the bride, two witnesses, and the mother of the bride). The lawyer wrote the contract and read it
to them, and everyone agreed to everything written in the contract. The husband, the father of the bride, the bride, the witnesses, and the lawyer signed everything written in this contract. The contract was authenticated by the court in Egypt, and the lawyer who concluded the marriage did not ask the father of the bride to say: "I give you my daughter in marriage," nor did he ask the husband to say: "I accept this marriage." Rather, everyone agreed to the marriage contract in writing, by reading, and by hearing it from the lawyer. The father of the bride signed, the husband signed, the bride signed, the two witnesses signed, and the lawyer signed that contract. The marriage took place, and the husband consummated the marriage with his wife. They have been married for a full year, and their marriage is blessed. What is required: Is this contract and marriage valid or invalid, or does it need to be renewed? And what expiation is required if this marriage is not valid? Please inform us, may Allah reward you with good.
A: It is obligatory to renew the aforementioned contract; because merely signing the written contract is not sufficient in a marriage contract. It is necessary for the guardian to utter a word of offer, and for the husband to utter a word of acceptance, in any wording they have agreed upon. What has passed is considered an invalid marriage, and everyone must repent to Allah for that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I am from the Arab Maghreb, a Muslim, and I married a woman from Egypt. Since I am considered a foreigner in Egypt, a Muslim lawyer in Egypt concludes the marriage contract for the foreigner. He can choose any lawyer he wants. The method of the marriage contract that was carried out was as follows: The lawyer wrote a marriage contract between us in accordance with the Sunnah of our Prophet (peace and blessings be upon him) and the school of Abu Hanifah, in the presence of (the husband, the father of the bride, the bride, two witnesses, and the mother of the bride). The lawyer wrote the contract and read it
to them, and everyone agreed to everything written in the contract. The husband, the father of the bride, the bride, the witnesses, and the lawyer signed everything written in this contract. The contract was authenticated by the court in Egypt, and the lawyer who concluded the marriage did not ask the father of the bride to say: "I give you my daughter in marriage," nor did he ask the husband to say: "I accept this marriage." Rather, everyone agreed to the marriage contract in writing, by reading, and by hearing it from the lawyer. The father of the bride signed, the husband signed, the bride signed, the two witnesses signed, and the lawyer signed that contract. The marriage took place, and the husband consummated the marriage with his wife. They have been married for a full year, and their marriage is blessed. What is required: Is this contract and marriage valid or invalid, or does it need to be renewed? And what expiation is required if this marriage is not valid? Please inform us, may Allah reward you with good.
A: It is obligatory to renew the aforementioned contract; because merely signing the written contract is not sufficient in a marriage contract. It is necessary for the guardian to utter a word of offer, and for the husband to utter a word of acceptance, in any wording they have agreed upon. What has passed is considered an invalid marriage, and everyone must repent to Allah for that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.