The Ruling on an Unofficial Customary Contract Not Registered in Court
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: Some people define the customary contract as one that includes a guardian and two witnesses, but it is not written through the system or through the court. Is this contract valid according to the Shari'ah?
Answer:
If its conditions are met and its conditions are complete, it is valid, even if it is not concluded in the court. Yes.
Honorable Shaykh, may Allah grant you success. A questioner says: Some people define the customary contract as one that includes a guardian and two witnesses, but it is not written through the system or through the court. Is this contract valid according to the Shari'ah?
Answer:
If its conditions are met and its conditions are complete, it is valid, even if it is not concluded in the court. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب العضل — islamhouse.com (42:16)
The Arabic text is a machine transcription of the audio recording.