Is the marriage contract valid without the authorized official?
Machine translationRead the Arabic original
Fatwa number ( 1064 )
Q: Is it necessary for the husband to have a person perform the contract who takes charge of conveying the offer to the wife's guardian and conveying the acceptance to the husband, or is the marriage valid without that person if the marriage contract fulfills its conditions and pillars?
A: If the matter is as mentioned in the question regarding the offer and acceptance from you and her father, and the bridal gift, with the presence of witnesses and the consent of the girl
named in the contract, then the marriage is valid, even if no other person took charge of the marriage contract between you. That is not a condition for the validity or perfection of the marriage. Rather, the government obligated its subjects to conduct the contract through a person it authorized for that purpose and to write it down; to put an end to chaos, prevent manipulation, preserve lineage, honor, and rights, and prevent denial in the event of a dispute. Obedience to the one in authority in this and similar matters of what is right is obligatory; because of the assistance it provides him in managing the affairs of his subjects and realizing their benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Is it necessary for the husband to have a person perform the contract who takes charge of conveying the offer to the wife's guardian and conveying the acceptance to the husband, or is the marriage valid without that person if the marriage contract fulfills its conditions and pillars?
A: If the matter is as mentioned in the question regarding the offer and acceptance from you and her father, and the bridal gift, with the presence of witnesses and the consent of the girl
named in the contract, then the marriage is valid, even if no other person took charge of the marriage contract between you. That is not a condition for the validity or perfection of the marriage. Rather, the government obligated its subjects to conduct the contract through a person it authorized for that purpose and to write it down; to put an end to chaos, prevent manipulation, preserve lineage, honor, and rights, and prevent denial in the event of a dispute. Obedience to the one in authority in this and similar matters of what is right is obligatory; because of the assistance it provides him in managing the affairs of his subjects and realizing their benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
