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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Customary Marriage

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Question:
He says: Honorable Shaykh, may Allah grant you success, those who are now calling for the recognition of customary marriage, given that it has become widespread and that the affliction has become general, what is the ruling on that?

Answer:
Customary marriage, as I understand it, is one that is not announced in the court, not contracted in the court, and no certificate is issued for it; rather, it consists of an offer and acceptance in the presence of two witnesses and a guardian, and it is not registered in the court. This is what is meant by customary. This is religiously valid and there is nothing wrong with it. Documentation is an additional precaution and a means of controlling matters. If this is what is meant by customary, yes. But if it is something else, I do not know of it. Customary, in my view, is the unregistered one in the court; this is what is meant by customary, but it fulfills the conditions of the contract. This is a valid contract. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [1743 -2802] حكم الزواج العرفي - الشيخ صالح الفوزان — youtube.com

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

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